k3 adjustment of status deadline?

[SPSguy 18]

Would anyone here know whether a non-immigrant visa such as K3 have a deadline to adjust status.

I have a freind that has been here for 7 years. Around the 3 year mark Her USC husband told her he had applied for AOS and

was denied. Since this denial, her STATE ID card has expired, her EAD has expired, the original I 94 had expired, basically her status here

as a k3 expired many years ago.

I believe the case has more to do with financial ( or lack of and/or co-sponsor ) than anything. Since being here, she and her USC spouse have two children. It will be hard for them to meet the financial requirement now but we need to know what her options are first.

Thanks for any help.

[JimVaPhuong 4,863]

Would anyone here know whether a non-immigrant visa such as K3 have a deadline to adjust status.

I have a freind that has been here for 7 years. Around the 3 year mark Her USC husband told her he had applied for AOS and

was denied. Since this denial, her STATE ID card has expired, her EAD has expired, the original I 94 had expired, basically her status here

as a k3 expired many years ago.

I believe the case has more to do with financial ( or lack of and/or co-sponsor ) than anything. Since being here, she and her USC spouse have two children. It will be hard for them to meet the financial requirement now but we need to know what her options are first.

Thanks for any help.

When the AOS was denied they had a very limited window of opportunity to appeal the decision, or she would have had to leave the US. 30 days is typical. Did they move since filing the AOS? It's possible that USCIS may have already started removal proceedings against her, but they never got the notice.

She now has about 4 years of accrued unlawful presence in the US. If she leaves the US now she will incur a 10 year ban on reentry. To make matters worse, if DHS finds out where she is then ICE could show up at her door any day and haul her away. All of this could go away if they submit a new AOS petition ASAP with a qualified joint sponsor. Even if USCIS has started removal proceedings, she's still eligible to adjust status based on the marriage because the marriage took place before the removal proceedings began.

All of the above presumes that the AOS was denied because they didn't have a qualified joint sponsor. If they were denied for some other inadmissibility, such as misrepresentation, then she's probably going to end up in front of an immigration judge.

[SPSguy 18]

When the AOS was denied they had a very limited window of opportunity to appeal the decision, or she would have had to leave the US. 30 days is typical. Did they move since filing the AOS? It's possible that USCIS may have already started removal proceedings against her, but they never got the notice.

She now has about 4 years of accrued unlawful presence in the US. If she leaves the US now she will incur a 10 year ban on reentry. To make matters worse, if DHS finds out where she is then ICE could show up at her door any day and haul her away. All of this could go away if they submit a new AOS petition ASAP with a qualified joint sponsor. Even if USCIS has started removal proceedings, she's still eligible to adjust status based on the marriage because the marriage took place before the removal proceedings began.

All of the above presumes that the AOS was denied because they didn't have a qualified joint sponsor. If they were denied for some other inadmissibility, such as misrepresentation, then she's probably going to end up in front of an immigration judge.

Unfortunately I don't have any more information to make a clear case. Her husband claimed he received a letter of denial without any explanation.

I personally don't believe him. I've never seen a denial of anything from the govt. without reason.

Her husband told her that she has nothing to worry about because she has children born in the U.S. My concern is that she might be putting herself in a detrimental/vulnerable situation whereby if the husband were to become injured ( or God forbid if he were to die ) in the future, she would have little option to adjust.

It seems that they think their situations will better itself in the future or that things will stay the same. I am trying to shed some light to her in that there's serious mountains to climb if no action is taken ASAP.