Whoa I have a BONAFIDE immigration question!!!

[CanAmCharlotte 0]

OK, please nobody jump on me for this post but I've always been surprised that there is such a thing as a K-3 visa. Maybe I'm missing something and if so, please enlighten me, seriously. From the USCIS' point of view (not mine), it would seem that this would be a way to force their hand. I mean, it's like 'hey look, we didn't plan to marry but we did, so now let me stay'. I realize the USCIS can still deny a person becoming a permanent resident but really, does this ever happen with someone who starts with a K-3? Being as Draconian as they are about everything else, I'm wondering why they don't close this option (I'm thinking like a USCIS person here).

Can someone educate me? Thanks.

[Hugglebuggles 60]

Humm, not really sure what you're asking. The K-3 is a visa you acquire and use to enter the US, much like the K-1. Its separate from entering the US and marrying then adjusting. Is that what you mean? Why would they let someone enter and then marry on a whim and adjust their status? That's a good question... I really have no idea.

[trailmix 77]

OK, please nobody jump on me for this post but I've always been surprised that there is such a thing as a K-3 visa. Maybe I'm missing something and if so, please enlighten me, seriously. From the USCIS' point of view (not mine), it would seem that this would be a way to force their hand. I mean, it's like 'hey look, we didn't plan to marry but we did, so now let me stay'. I realize the USCIS can still deny a person becoming a permanent resident but really, does this ever happen with someone who starts with a K-3? Being as Draconian as they are about everything else, I'm wondering why they don't close this option (I'm thinking like a USCIS person here).

Can someone educate me? Thanks.

I think you meant the K1?

I kind of understand the K1. It gives people an option of planning a wedding - well gives them 90 days to plan one where they can be together legally in the U.S.

I think you are asking (like a USCIS person) why they don't close the Adjustment of Status option? Well, there are probably many legitimate cases where a person is living in the U.S. - someone working there or studying there - meets someone and they get married. It would seem harsh to send them packing back to their country to persue a visa to come back.

We (Canada) don't even do that.

I think that hundreds, maybe thousands of Canadians and others come to the U.S. each year with full intent to get married and AOS and USCIS turns a blind eye and waives their overstay etc and grants PR. While it might bother a lot of people, it doesn't really bother me at all.

When a law is unfair or illogical, people tend to try to break it - now i'm not saying it's right (I don't suggest anyone break the law - I wouldn't obviously as we applied for the visa) - but maybe they need to change the law in favour of the immigrant - so that anyone can adjust status.

[antda 13]

Hi Everyone,

Why would they let someone enter and then marry on a whim and adjust their status? That's a good question... I really have no idea.

Ok...here is the simple answer....

Because they are "adjusting from another visa", be it that is is a non-immigrant visa...

For example, they would have a visitor's visa. work visa, student visa, or other non-marriage visa when they entered the USA.

Thus, they already have "status" in the USA as a non-immigrant, yet it is still valid status.

All they need to do is adjust their non-immigrant status to an immigrant/permament green card status.

Hence the "Adjustment of Status/AOS".....

In other words: "I came here for a valid non-immmigrant reason, got married, and now I want to stay as an immigrant"= AOS...And eventually a Green Card

Hope this helps. Good luck on your journeys too.

Ant

Edited September 19, 2009 by Ant+D+A

[thetreble 19]

I was one of those that, too, adjusted status from visitor's status. When I came to the US in December of 2006, I literally came to visit just like I had for the past two years. I had just finished my seasonal position at a heritage site and I wasn't sure what I was going to do. I didn't know If I should go back to the government full time or go back for a masters degree right away...I really wasn't sure where I was at in my life.

After being in the US for about 2.5 months, I left for a week back to Canada to take care of some things, and then when I got back a few weeks later Jared said, "lets get married!" and I honestly knew I was going to marry him any ways so I didn't see the problem with it. I had done piles of research before my trip but I don't think I understood things clearly until I saw VJ..(or else I wouldn't have obtained a lawyer!!)

After we got married in May, we visited a lawyer and he told me that we had to "wait" to file AOS. He basically told me that if I filed in less than a 60 day period from when I re-entered the US in March it would look very suspicious. (It would be exactly like what your friend from S. Africa is trying to do)

So we waited until late June to file AOS and everything turned out fine. If I had known, though, that I would go through 10 months of sitting on my #### doing nothing that year, I would have went home and filed for a CR-1 or a K-3. It was really the worst year of my life and I feel like I wasted it entirely. We were so broke, I had no friends really..it was so boring...eh never mind that. haha

Any ways, we didn't have a bigger wedding until a way later date any ways. I think it would look MAD suspicious if I would have come to the US and in two months we had this massive wedding and I just stayed.

I hope your friend gets through, which he probably will as others have said, but I think he should worry a tiny bit.