APPLYING FOR K-3 WHILE IN THE US

[leah81 0]

Hi everyone,

Just wondering if there is anyone out there that applied for their K-3 visa from within the US. I entered the USA at the start of the year with every intention on returning home to start the visa process. We had to wait to start the process because my husband was having trouble finding a good job but at the end of March everything started falling into place. Just as I was preparing to head home, a friend of the family made a call to a senators office and then the senator contacted me. I was told that I could go ahead and apply for my visa here but that I would have to stay in the US throughout the process. I was so excited that I wouldn't have to spend months and months apart from my husband but now I am starting to worry. We are about to send in our I-130 package and I don't know what to do about question #22 (Complete the information below if your relative is in the United States and will apply for adjustment of status.Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in .....)

Is there anyone out there that went through the process from within the USA that could give me some insight. Do I have to apply for adjustment of status at the same time as I am applying for the K-3.

Any information would be greatly appreciated.

Thanks!!!!

[trailmix 77]

Hi leah and welcome,

You have two processes confused. I won't go in to great detail about each as there are guides here for that. Just click on the Guides tab at the top of this page. Your options are:

1. Adjustment of Status

You send in the I-130 and several other forms (see the guides for a list). You cannot leave the U.S. while your paperwork is processing. If you do you will cancel your application and will need to start all over, from outside the U.S. You will apply for an Employment Authorization Document (allows you to work while waiting for paperwork to process) and Advance Parole (enables you to leave the country while waiting for paperwork to process) when you send in these forms.

2. CR1 visa

If you have been married 2 years or less, you can apply for a CR1 visa (if longer than 2 years it's an IR1 visa, basically the same procedure). For this visa you must interview at the Montreal consulate. You cannot just reside in the U.S. while this is processing, you can only stay your 180 days as all visitors from Canada can.

3. K3 visa

K3 should be your least favoured option. In fact, as of early Feb. of this year this visa can only be obtained if your I-129F is sent to NVC before your I-130. You have to adjust status when you get to the U.S. too - it's not faster than the CR1/IR1. It's generally just a bad option.

Edited May 4, 2010 by trailmix

[trailmix 77]

I just wanted to add one thing after reviewing your earlier posts:

You mention that you went back to Canada at Christmas time and you were pulled aside for questioning where you assured the border guard that you were going to apply as an immigrant later and that you understood that you would need to leave the U.S. to do this.

Here is the official word:

While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

Now technically, if you had NO immigrant intent when you crossed the border, ie: you did not intend to "wait for or seek immigrant status while in the U.S." - then doing an adjustment of status should be ok.

However, be aware that you may have to prove this and this proof may involve showing that you have/had strong ties to Canada - to show you were not just moving to the U.S.

I'm not implying you were lying to the border personnel on the day - at all. You just haven't posted enough information for any of us to really know and if they deem that you misrepresented yourself it can have really serious consequences in terms of your entering the U.S.