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Ariane15

admitted on K 3 visa but adjusting as parent of USC

By Ariane15 in IMBRA Special Topics

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Ariane15 Contributor

Ariane15   1

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Filed: F-2A Visa Country: Mauritius
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I was admitted to US on a K3 visa but the I 130 filed by my spouse was twice denied due to AWA. Now my daughter who is a US citizen has filed a new I I30 on my behalf and I filed the I485. Will I be able to adjust my status in US or do I have to go through consular processing? I have not been in removal proceeding. Thanks.

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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Posted

I was admitted to US on a K3 visa but the I 130 filed by my spouse was twice denied due to AWA. Now my daughter who is a US citizen has filed a new I I30 on my behalf and I filed the I485. Will I be able to adjust my status in US or do I have to go through consular processing? I have not been in removal proceeding. Thanks.

Are you in the US legally? What is your current status now?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Ariane15 Contributor

Ariane15   1

Posted
Filed: F-2A Visa Country: Mauritius
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Are you in the US legally? What is your current status now?

After the denial of I 485 based on my spouse petition, I filed a new I 485 based on my daughter petition as I was out of status. I entered US legally but now I have an I 485 pending. My interview is in 10 days.

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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After the denial of I 485 based on my spouse petition, I filed a new I 485 based on my daughter petition as I was out of status. I entered US legally but now I have an I 485 pending. My interview is in 10 days.

Was your 130 from your daughter appoved? Usually you have to have that done prior to the 485 being approved.

If you were legally in the US when the 130 was approved - you can AOS - but if your not, you have to consulate interview.

The issue is that if you were "out of status" - then you were not "legally" in the US.

Please let us know how the interview goes - this is a strange case - but it's a good sign they are doing an interview.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Ariane15 Contributor

Ariane15   1

Posted
Filed: F-2A Visa Country: Mauritius
 Timeline
  • Author
Posted

Was your 130 from your daughter appoved? Usually you have to have that done prior to the 485 being approved.

If you were legally in the US when the 130 was approved - you can AOS - but if your not, you have to consulate interview.

The issue is that if you were "out of status" - then you were not "legally" in the US.

Please let us know how the interview goes - this is a strange case - but it's a good sign they are doing an interview.

Thanks. I'll let you know how it goes.

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