What if she is already here?

[Ajster1989 0]

What is she is already here in the country, and we are going to get married? Can we still apply for a K-3 or for the I-130?

[pushbrk 12,898]

What is she is already here in the country, and we are going to get married? Can we still apply for a K-3 or for the I-130?

Depends on several factors like what the intentions were at the most recent entry to the US and on what visa or status. The best case is you simply marry and adjust status, skipping the visa process but whether you can do that....depends. We would need more information to answer. Try starting by clicking on the word "Guides" at the top of any page here.

[Ajster1989 0]

What is she is already here in the country, and we are going to get married? Can we still apply for a K-3 or for the I-130?

Depends on several factors like what the intentions were at the most recent entry to the US and on what visa or status. The best case is you simply marry and adjust status, skipping the visa process but whether you can do that....depends. We would need more information to answer. Try starting by clicking on the word "Guides" at the top of any page here.

She only stayed here because of me... and here visa expired in Dec. but she filed for a visa change in sept.

Basically one status expired... but she hasn't got a notice either way of a new status

So she has no status... but if she leaves now she might not be able to come back...?

her visa was a student visa.... and she was here for work....

is this enough info?

thanks,

Andrew

[Old Dominion 26]

I'd say you should go ahead and file for the AOS after your marriage (as soon as possible). You'd have your answer in about eight months. The visa extension request would not be relevant to filing for AOS. Her original intent in coming into the US was not marriage, but to study? And that's how you first met?

I assume you have the money to sponsor her (minimum annual income of $17,500) and to pay the AOS fees? Filing for the K-3 would mean that she would need to return home to be interviewed. That could take a year or more.

[pushbrk 12,898]

I'd say you should go ahead and file for the AOS after your marriage (as soon as possible). You'd have your answer in about eight months. The visa extension request would not be relevant to filing for AOS. Her original intent in coming into the US was not marriage, but to study? And that's how you first met?

I assume you have the money to sponsor her (minimum annual income of $17,500) and to pay the AOS fees? Filing for the K-3 would mean that she would need to return home to be interviewed. That could take a year or more.

We need more details like when she entered, on what kind of student visa and when you made the decision to marry. Was it before or after her last US entry. The devil is in the details and the details can save you or kill you.