Ironically Approved today!

[Craig2006 0]

Good luck with whatever you decide to do

[aj1 1]

Has he been out a status for 6 months or is he still legal right now? If he is overstaying right now I would think a AOS would be hard to get.

Congratulations!!!!

[no name 1]

We were told because hes been here for so long (almost 6 months) that if he left the country he would be denied entry even with the K1 and possible banned for up to 10 years, so we are going to apply for the K3 and just get married before his 6 months are up and adjust his status.

It doesnt make alot of sense to me either but this is what we were advised to do by the immigrations people.

We were looking into the K3 anyway because we thought the K1 was going to take forever, which is why we went to her in the first place, and it ended up being what she wanted us to do.

And no I never got an e-mail and the website didn't update that we were approved or even touched until today, but the approval date was the 1st of the month.

If he is still here legally, I believe aussiewench told you you could marry on his VWP & adjust status.

A K3 would require him leaving the country.

[kitkat1 5]

Has he been out a status for 6 months or is he still legal right now? If he is overstaying right now I would think a AOS would be hard to get.

If you get married now and file the I-130 he could possibly adjust status in country without a problem although there may be issue of whether or not they believe you had intent when he came into the country.

K3 is if he is not here in the US. Not sure what happens if he leaves you start all over - seems like a waste of a time now that you are approved.

[SweetDefiance 0]

We can file the K3 with him here in the country, we just don't file it with the I-129f we file it with something else i can't remember the name of the form she gave us.

Hes here legally, he can be here for up to 6 months and until september 11th (bad date i know) it wont be 6 months, so we were told as long as hes out of here or were married before then we can do this k3 and he wont have to leave at all were just going to adjust his status.

I called her this morning to double check that I understood everything correctly and am just waiting for her to call back.

[sbgwolf1 0]

good luck. God, i hope you do this right. I am sorry, just being here in your arms every day and then a mixup for bad advice would be horrible. I would suggest you get multiple opinions (I mean professional) before making that decision. I dont mean to be pesimistic, but a ban would be terrible....Good luck!

[no name 1]

We can file the K3 with him here in the country, we just don't file it with the I-129f we file it with something else i can't remember the name of the form she gave us.

Hes here legally, he can be here for up to 6 months and until september 11th (bad date i know) it wont be 6 months, so we were told as long as hes out of here or were married before then we can do this k3 and he wont have to leave at all were just going to adjust his status.

I called her this morning to double check that I understood everything correctly and am just waiting for her to call back.

That still doesn't sound right...why wouldn't it be just an AOS - with no need for a K3? I would def go ask in the K3 forum here. Or find Aussiewench & PM her.

Edited August 9, 2006 by devilette

[Boiler 46,322]

So nothing at all to do with a K3.

You need to either do a lot more reading so your are gfamiliar with the terms and processes or get a Lawyer or both.

[Alex+R 0]

Seriously. Do not file that K3 until you get a lot more advice. Sounds like a simple AOS to me. No idea why you'd even need the K1.

[meauxna 15]

We can file the K3 with him here in the country, we just don't file it with the I-129f we file it with something else i can't remember the name of the form she gave us.

Hes here legally, he can be here for up to 6 months and until september 11th (bad date i know) it wont be 6 months, so we were told as long as hes out of here or were married before then we can do this k3 and he wont have to leave at all were just going to adjust his status.

I called her this morning to double check that I understood everything correctly and am just waiting for her to call back.

SweetDefiance:

A K-3 is a visa. A visa is for entering the US. I think you have your terminologies confused & maybe the "immigration workers" did that.

I also think they gave you dodgy info about the overstay; Canadians have different rules than other foreign nationals.

Oops, also, just 'getting married' does nothing to protect his status. There are a few things that you should check out further--make sure *you* understand what you're doing so there's no stink bombs waiting to go off in the future.

[JenT 0]

If he is here legally, then why is there a concern that he will be banned once he returns?

Either there's more to this that you're telling us, or we're just not understanding what you're telling us.

If you try to marry and adjust status, they will see that you had a K1 petition on file, and therefore his motives for entering the US would be questioned, and the AOS would likely be denied.

I'm still not sure why he can't go back & proceed with the K1.

Jen

[Caroline and Phil 14]

We can file the K3 with him here in the country, we just don't file it with the I-129f we file it with something else i can't remember the name of the form she gave us.

Hes here legally, he can be here for up to 6 months and until september 11th (bad date i know) it wont be 6 months, so we were told as long as hes out of here or were married before then we can do this k3 and he wont have to leave at all were just going to adjust his status.

I called her this morning to double check that I understood everything correctly and am just waiting for her to call back.

K-3 is for spouses who are out of the US.