Abandoning AOS and 'switching' to a K-3

[TonyDanza 0]

Hi there.

I have got myself into a rather sticky (to put it waaaayyy mildly) situation which could be possibly life ruining.

In my other posts in other forum categories I posted my dilemma of having left the US while on AOS without AP.

I am now back in the US and have done enough potential damage that I dont need to do anymore. I am waiting for a conference call with some lawyers in about an hour, and then meeting some other ones tomorrow.

BUT, before I do, I was wondering who know anything about what would happened if I now 'abandon' (which I kind of already have by leaving) my AOS interview and didn't attend and then returned home to Canada to apply again for a K-3 visa for spousal entry. Is this allowable? I read something about a 'waiver' but I am a bit confused as to how that would work. Would they deny me a K-3 for having abandon a previous claim?

I just dont want to goto the interview and face a 3-5 or worse life ban on the US where my wife is, because I messed up. Not looking at going into the details of the torrid story, just wanting to know if this scenario is possible.

Thanks in advance!!

[Bobby+Umit 161]

I am waiting for a conference call with some lawyers in about an hour, and then meeting some other ones tomorrow.

I would wait till you hear what they have to say.

[YuAndDan 153]

As long as you did not overstay a visit they wont deny a visa due to an abandoned Adjustment of status.

Consider CR-1 rather than K-3.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[TonyDanza 0]

That was GREAT info and I appreciate it. In regards to your query though, yes prior to me potentially (not by leaving but by not showing for upcoming interview) I was overstayed on a tourist visa by more than a year when my wife and i spontaneously decided to get married on a trip to vegas. That is the dilemma. Most people said (I am Canadian) that it is forgivable if you can prove you entered that time without the intention of getting married which we very easily can. But the second trip after I already filled is whats gotten me into all this hot water and is now threatening to seriously damage or ruin my marriage. I am about to talk to the lawyers anyway, and tomorrow, but wanted to hear from very smart VJ folks too. Just thought that if the lawyers say to goto the interview, I will. But being faced with such a long ban, it might be best to pull out of the process and leave on my own accord and re-apply as the two visas you mentioned above. Just wanted to know if that was a viable option and what this so called waiver is (if I do in fact need one). The whole thing sucks and making a bad decision in my 20's looks like it may last me the rest of my life.

[Old Dominion 26]

Depending on what a good lawyer advises, if you are able to show without a doubt that you have a bona fide marriage, the USCIS could opt to overlook your most recent trip. After all, if you can show it, you are an upstanding resident with an impeccable record here and in Canada...just a bit impulsive.