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kriishu

K3 and Visa Waiver

By kriishu in General Immigration-Related Discussion

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kriishu Rookie

kriishu   1

Posted
Filed: Country: Estonia
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Hello everyone!

I have quite a situation here.

I came to United States on Visa Waiver Program (VWP) on october the 30th. I got married to my US citizen husband on 20th november. Of course we don't want me to go back to my country but the last day that Im allowed to be here on Visa Waiver Program is 27th january.

What papers do we need to fill out and in what order to get K3 visa?

I understood that the first thing we need to file is I-130. Do I need to file Adjustment of Status with that?

And as we just moved here from Spain, he isn't working yet, so I don't know how we will be able to fill out the Affidavit of Support. He hasn't even done his taxes for 3 years because he has been away from United States..

Also I would like to know what will happen to me if I will overstay my Visa Waiver but I'll get I-130 filed before 27 january?

Im really confused and stressed, all the help is very welcome!!

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Love's JAA Community Regular

Love's JAA   100

Posted
Filed: K-1 Visa Country: Philippines
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Hello everyone!

I have quite a situation here.

I came to United States on Visa Waiver Program (VWP) on october the 30th. I got married to my US citizen husband on 20th november. Of course we don't want me to go back to my country but the last day that Im allowed to be here on Visa Waiver Program is 27th january.

What papers do we need to fill out and in what order to get K3 visa?

I understood that the first thing we need to file is I-130. Do I need to file Adjustment of Status with that?

And as we just moved here from Spain, he isn't working yet, so I don't know how we will be able to fill out the Affidavit of Support. He hasn't even done his taxes for 3 years because he has been away from United States..

Also I would like to know what will happen to me if I will overstay my Visa Waiver but I'll get I-130 filed before 27 january?

Im really confused and stressed, all the help is very welcome!!

Being out of the US doesn't exempt a US citizen from filing taxes. He/she has to report worldwide income. I guess he'll need to file late returns.

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
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There are various options, mostly either the CR-1 spousal visa (you need to go back home, but can visit during the process) or Adjustment of Status (cannot travel for several months, only applicable in certain circumstances). K3 is not an option.

You mentioned "we just moved here from Spain"- was your plan to move to the USA? It is visa fraud to use the visa waiver program to come to the USA and stay.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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kriishu Rookie

kriishu   1

Posted
Filed: Country: Estonia
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There are various options, mostly either the CR-1 spousal visa (you need to go back home, but can visit during the process) or Adjustment of Status (cannot travel for several months, only applicable in certain circumstances). K3 is not an option.

You mentioned "we just moved here from Spain"- was your plan to move to the USA? It is visa fraud to use the visa waiver program to come to the USA and stay.

At first that wasn't the plan, we just came to visit my husbands' parents. It just worked out this way that now we want to stay.

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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decide.

decide to file a visa or

decide to file for adjustment of status .

seriously - DECIDE !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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TBoneTX Grand Master

TBoneTX   45,090

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

*** Thread moved from K-3 Process to General Immigration Discussion -- OP is deciding upon a visa path. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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