Will this cause any problems??

[stephenk 0]

My wife came from england on a visa waiver which is a 3 month visitor visa. We got married 3 weeks after her visa had expired. We are about to file for the K3 visa and hope this will not cause any problems as her visa now expired 2 months ago and we have been married for one month. Has anyone filed for K3 when their partners visa has already expired?

[luv2teach77 41]

Is she back in the UK yet ? If not you need to be aware that getting married and filing for a K-3 visa doesn't give her the right to remain in the US indefinately.

Every day that she remains in the US after her visa expired is considered time out of status. Accrue more than 180 days out of status and she will probably be slapped with a lengthy re-entry ban, regardless of the K-3 application.

You should work on getting her back to the UK as quickly as possible while you wait for the K-3 to be approved. It *may* be possible for her to visit during the K-3 process but her entry is no garunteed.

Mark

[simple_male 1]

My wife came from england on a visa waiver which is a 3 month visitor visa. We got married 3 weeks after her visa had expired. We are about to file for the K3 visa and hope this will not cause any problems as her visa now expired 2 months ago and we have been married for one month. Has anyone filed for K3 when their partners visa has already expired?

It was not a good idea for her to stay in the USA after the visa had expired. Talk with a lawyer would be a good option.

[aussiewench 9]

stephenk

Seek consultation with an immgrantion attorney as to adjusting status in the US through marriage to a USC.

http://www.uscis.gov/graphics/howdoi/lpreligibility.htm

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

[Kez/JWolf 6]

If she entered the USA with no intent to marry and remain then there is the option to do AOS and remain.... there are risks involved if she entered on a VWP and I would recomend a meeting with a good immigration lawyer...

If she has already left the USA then file I-130 but do not let her try to enter on a VWP until she has her visa....

Kezzie

[stephenk 0]

She is still in the US with me as I thought that if we got married that she would automatically be eligible to stay without having to leave before we fil;ed for the visa. she has another 30 days before the 180 day period . Do you know of any good lawyers? so do u think that she would have to go back to her country while the paper work is being processed?

[aussiewench 9]

She is still in the US with me as I thought that if we got married that she would automatically be eligible to stay without having to leave before we fil;ed for the visa. she has another 30 days before the 180 day period . Do you know of any good lawyers? so do u think that she would have to go back to her country while the paper work is being processed?

If on consultation with a lawyer you will be filing to adjust status in the US through marriage to a USC, there is no visa applied for and she would remain in the US. See the guide HERE. A consultation with a lawyer is simply to go over the choices whereby they will be privvy to all the circumstances of your case and guide accordingly, you do not necessarily have to continue with the lawyer.

Edited September 6, 2006 by aussiewench

[bombay 0]

In your case the best things to do is have an immigration attourney and take his advice.

And do it immediately dont waste time cause she should not cross the max days limit.

ur case is not a "do it urself" thing

best of luck

[Kez/JWolf 6]

In your case the best things to do is have an immigration attourney and take his advice.

And do it immediately dont waste time cause she should not cross the max days limit.

ur case is not a "do it urself" thing

best of luck

Once they have got the correct advice from a lawyer.... if he recomends that they do AOS then there is no reason that they can not do the paperwork themselves... even if they decied to go a diffrent route they can still file everything themselves.... they only need to get advice about there best route...

Kezzie