Worries in my K-3 process, need advise...

[JAVC 0]

Hi everyone!!!

Let me make it simple. Wife and me applied for AOS last year but it was denied based on two thing... 1-) Wife used her B-1/B-2 visa with the intention of reside and inmigrate to this country. 2-) She departed from US after filling the I-485, althought we obtained the advance parole (I-131) we never shown it to the Immigration Officer at POE so he never stamped, so they said we abandoned our case. Now we are applying again but now we are applying for a K-3 visa first. During the last process my wife overstayied her visa for a few days (like 20 days) just because we were waiting the USCIS interview answer by mail. The letter came exactly 3 days after her I-94 expired and the letter has a pharagraph on it saying this...

"The service is not initiating removal procedures against you on the date of this notice. The decision resulting in the denial of this application leaves you without lawful immigration status and you are now present in the United State in violation of the law. You are required to depart the United States within 30 days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the United States. This denial is without prejuice to your ability to renew your application before an Immigration Judge should you be placed into removal proceedings in the future." So here is where my worries started.

My wife left the country like 20 days after decision (July 26, 2008) at that time we were afraid that she could not come back to US because her overstay. But on Octubre 26, 2008 she tried to come to US using her B-1/B-2 visa again, and it works perfectly. They didn't say anything about her overstay. But my worry is that maybe now that we are applying for a K-3 visa this issue will come up and will be a problem for us.

What do you think, any advice??

Any comment and/or advise will be really appreciated.

JAVC

Edited January 23, 2009 by JAVC

[Sinergy 3]

Id advise seeking a lawyer, one who will do it pro bono, just to get a legal adv on this one. Since #1 she was already denied AOS bc of trying to comit visa fraud by filing for AOS after entering with the intensions to marry while on a non fiance visa....and #2 since she overstayed.

[JAVC 0]

Id advise seeking a lawyer, one who will do it pro bono, just to get a legal adv on this one. Since #1 she was already denied AOS bc of trying to comit visa fraud by filing for AOS after entering with the intensions to marry while on a non fiance visa....and #2 since she overstayed.

We get married on Nov 2006 and wasn't on US, it was in Dominican Republic. Also we always tried that she never overstayed her visa making travel to DR but I think that was the problem because they also said talking about her Visa that "The service did not issue you the authorization to take up a long-term residence in the US. So in my opinion they never said she was trying to commit a fraud.

Edited January 23, 2009 by JAVC

[Y's_habibitk 2]

So she is here now?

Are you asking if you can apply for a K3, and she stay here with you while it processes?

I think a lawyer is best also

[Bobby+Umit 161]

Seek a lawyer.

But the overstay should not present an issue with the K-3.

I take it she returned home on her visitors visa all ready?

[Sinergy 3]

Id advise seeking a lawyer, one who will do it pro bono, just to get a legal adv on this one. Since #1 she was already denied AOS bc of trying to comit visa fraud by filing for AOS after entering with the intensions to marry while on a non fiance visa....and #2 since she overstayed.

We get married on Nov 2006 and wasn't on US, it was in Dominican Republic. Also we always tried that she never overstayed her visa making travel to DR but I think that was the problem because they also said talking about her Visa that "The service did not issue you the authorization to take up a long-term residence in the US. So in my opinion they never said she was trying to commit a fraud.

entering the US with the intention of getting married on a non fiance visa, is visa fraud. Even if it wasnt meant to be. You even stated it yourself she entered on a B-1/B-2 visa with the intentions of reside and inmigrate to this country....that IS visa fraud

[JAVC 0]

So she is here now?

Are you asking if you can apply for a K3, and she stay here with you while it processes?

I think a lawyer is best also

No, she is in Dominican Republic but she will come back on april.

My question was if she will have problems with her K-3 or the AOS.

[JAVC 0]

Seek a lawyer.

But the overstay should not present an issue with the K-3.

I take it she returned home on her visitors visa all ready?

Yes, she did. She went back to Dominican Republic on her Visitor Visa and came back on octubre with the same one. Right now she is in DR again.

[JAVC 0]

Id advise seeking a lawyer, one who will do it pro bono, just to get a legal adv on this one. Since #1 she was already denied AOS bc of trying to comit visa fraud by filing for AOS after entering with the intensions to marry while on a non fiance visa....and #2 since she overstayed.

We get married on Nov 2006 and wasn't on US, it was in Dominican Republic. Also we always tried that she never overstayed her visa making travel to DR but I think that was the problem because they also said talking about her Visa that "The service did not issue you the authorization to take up a long-term residence in the US. So in my opinion they never said she was trying to commit a fraud.

entering the US with the intention of getting married on a non fiance visa, is visa fraud. Even if it wasnt meant to be. You even stated it yourself she entered on a B-1/B-2 visa with the intentions of reside and inmigrate to this country....that IS visa fraud

What I stated was what they put in the letter. But do you think she will have problem now??

So my only option is find a lawyer for advise??

[R de la R 2]

Id advise seeking a lawyer, one who will do it pro bono, just to get a legal adv on this one. Since #1 she was already denied AOS bc of trying to comit visa fraud by filing for AOS after entering with the intensions to marry while on a non fiance visa....and #2 since she overstayed.

We get married on Nov 2006 and wasn't on US, it was in Dominican Republic. Also we always tried that she never overstayed her visa making travel to DR but I think that was the problem because they also said talking about her Visa that "The service did not issue you the authorization to take up a long-term residence in the US. So in my opinion they never said she was trying to commit a fraud.

entering the US with the intention of getting married on a non fiance visa, is visa fraud. Even if it wasnt meant to be. You even stated it yourself she entered on a B-1/B-2 visa with the intentions of reside and inmigrate to this country....that IS visa fraud

What I stated was what they put in the letter. But do you think she will have problem now??

So my only option is find a lawyer for advise??

I would recommend you when the times come to jump for a CR-1 visa, so you don´t have to go thru the AOS. Since you are in a K-3 that hasn´t been approved yet when the times come, just change it. This is my recommendation. Good luck.

[KimandRuss 0]

She has already committed fraud. Misrepresentation is a huge no-no for US immigration and penalized with a lifetime ban.

Anything you do now will require a waiver...after going through the whole process. And nothing is guaranteed. You'll want a lawyer, and a good one.

good luck.