k3 visa expired before adjusting statues

[phopho06 0]

Hello everyone,

I have a friend shes been here almost 3 years now and her k3 visa is already expired. They were about to file an adjustment statues but she got pregnant and the immigration said they cant take her medical since shes pregnant they need to wait until the baby will be born.. thats the reason why her visa expired.. she doesnt have any green card or any social security number.. when the baby was born they try to get her medical done to file her adjustment statues but she was breast feeding and they said they cant take her medical because of that.. few months after they try to send the papers for the adjustment statues but they send it back.

Is she consider illegal? will they send her back home? do they need to get an attorney to make it easier?

Please help..

[SqdnGuns 21]

Hello everyone,

I have a friend shes been here almost 3 years now and her k3 visa is already expired. They were about to file an adjustment statues but she got pregnant and the immigration said they cant take her medical since shes pregnant they need to wait until the baby will be born.. thats the reason why her visa expired.. she doesnt have any green card or any social security number.. when the baby was born they try to get her medical done to file her adjustment statues but she was breast feeding and they said they cant take her medical because of that.. few months after they try to send the papers for the adjustment statues but they send it back.

Is she consider illegal? will they send her back home? do they need to get an attorney to make it easier?

Please help..

She's an Overstay, will require an I-601 waiver.

[Penguin_ie 5,997]

***** Moving from Site Discussion to AOS from Family... as the OP is asking about adjusting status from a K3 *****

She does not need a waiver- those are for visas, and she is already in the USA.

Why was the AOS sent back?

Edited April 9, 2011 by Penguin_ie

[pookaphilus 12]

***** Moving from Site Discussion to AOS from Family... as the OP is asking about adjusting status from a K3 *****

She does not need a waiver- those are for visas, and she is already in the USA.

Why was the AOS sent back?

yeah..same here..I'm also wondering why her AOS application was sent back...there were a alot K1s and K3s who had expired I-94's and filed their AOS even after a year or so but they were still approved..when it comes to evidence, they got a child, she didn't violate any law nor work..she didn't even have any SS#...what happened? ...I hope the family will be alright and be able to submit their application again..God bless..

[JimVaPhuong 4,863]

Is she consider illegal?

People around here don't like the term "illegal" for someone who entered with a visa, though it's not technically incorrect after their stay has expired. She is "out of status", and accumulating "unlawful presence". She should not leave the US until she gets her green card. Does that answer your question?

will they send her back home?

Highly unlikely. She's eligible to adjust status. DHS policy is to NOT take action to remove someone who is eligible for relief by adjusting status.

do they need to get an attorney to make it easier?

No, and an attorney would not make it easier. An attorney would only make it more expensive.

[SqdnGuns 21]

***** Moving from Site Discussion to AOS from Family... as the OP is asking about adjusting status from a K3 *****

She does not need a waiver- those are for visas, and she is already in the USA.

Why was the AOS sent back?

My mistake................failed to read it properly.

[Darnell 8,479]

My suggestion -

File I-130 concurrently with I-485 (plus the rest of the stuff), when the female is medically capable of passing the medical interview.