K3/K4

[coldbaby06 0]

Hi,

Im gonna try to explain my case in the short version.

I got married to a US Citizen 10 days before my I-94 expired. I was supposed to go back to my country or adjust my status here. None of this has been done to this day. Its like been in Limbo stuck in a place that you dont know where to turn to.

We had a meeting with an Immigration lawyer and he suggested that I go back to Chile while my husband applies for the K3-K4 visa. Now my biggest concern is how do I get from point A to point B if im not suppose to leave from the US. THe lawyer suggested that I leave from Mexico but that just doesnt sound right. IM very concern because less than 2 weeks ago I found out that Im pregnant. I already have a son waiting who still remains in my home country and I have not seen him since October 18th 2004.

If my husband is in the US Navy, will this process be faster just because he is in the military?.

Please if anybody has been in a similar situation or knows anything about my case feel free to send as much info as you can, we will be very grateful.

[aussiewench 9]

Seek a consult perhaps with a different immigration attorney. Generally if someone enters the US legally they can apply to adjust status when married to a USC and overstays are forgiven. As we are not privy to all that you may of told your lawyer, it would be hard for anyone to say differently then what you have been advised, as what I have said above would usually be the answer.

*edited to add the bolded text*

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).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

*

Ineligible

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

You may be ineligible for adjustment to permanent resident status if:

o You entered the U.S. while you were in transit to another country without obtaining a visa.

o You entered the U.S. while you were a nonimmigrant crewman.

o You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

o You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

+ You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

+ Certain foreign medical graduates, international organization employees and family members.

o You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.

o You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.

o You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)

o You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

o You are already a conditional permanent resident.

o You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

Source

Edited November 18, 2006 by aussiewench

[coldbaby06 0]

Yeah I thought about the same, as a matter of fact I got in touch with another immigration lawyer today and I have schedule an appointment for next week. This lawyer said that we need to adjust the status. Never mentioned to leave the US or anything like that. THis is why I got so confused. THis are not the first immigration lawyer that I have consulted about my case. I have done it online, in person, over the phone and everybody gives me different info. I just want to be able to have some piece of mind and get this over with.

[meauxna 15]

Hi,

Im gonna try to explain my case in the short version.

I got married to a US Citizen 10 days before my I-94 expired. I was supposed to go back to my country or adjust my status here. None of this has been done to this day. Its like been in Limbo stuck in a place that you dont know where to turn to.

We had a meeting with an Immigration lawyer and he suggested that I go back to Chile while my husband applies for the K3-K4 visa. Now my biggest concern is how do I get from point A to point B if im not suppose to leave from the US. THe lawyer suggested that I leave from Mexico but that just doesnt sound right. IM very concern because less than 2 weeks ago I found out that Im pregnant. I already have a son waiting who still remains in my home country and I have not seen him since October 18th 2004.

If my husband is in the US Navy, will this process be faster just because he is in the military?.

Please if anybody has been in a similar situation or knows anything about my case feel free to send as much info as you can, we will be very grateful.

There is no simple answer to your questions, which might be why you are getting different answers.

For example, are you wanting to bring your son from your home country to the US? What was the reason the lawyer suggested leaving via Mexico?

There may be advantages to you filing through your home country (You may even have other options if you say which country). You don't really say enough, and I'm not asking you to.

I do recommend that you tell the next lawyer *everything* including what your goals are for the rest of your family, so you can make the right decision.

[coldbaby06 0]

Hi,

Im gonna try to explain my case in the short version.

I got married to a US Citizen 10 days before my I-94 expired. I was supposed to go back to my country or adjust my status here. None of this has been done to this day. Its like been in Limbo stuck in a place that you dont know where to turn to.

We had a meeting with an Immigration lawyer and he suggested that I go back to Chile while my husband applies for the K3-K4 visa. Now my biggest concern is how do I get from point A to point B if im not suppose to leave from the US. THe lawyer suggested that I leave from Mexico but that just doesnt sound right. IM very concern because less than 2 weeks ago I found out that Im pregnant. I already have a son waiting who still remains in my home country and I have not seen him since October 18th 2004.

If my husband is in the US Navy, will this process be faster just because he is in the military?.

Please if anybody has been in a similar situation or knows anything about my case feel free to send as much info as you can, we will be very grateful.

There is no simple answer to your questions, which might be why you are getting different answers.

For example, are you wanting to bring your son from your home country to the US? What was the reason the lawyer suggested leaving via Mexico?

There may be advantages to you filing through your home country (You may even have other options if you say which country). You don't really say enough, and I'm not asking you to.

I do recommend that you tell the next lawyer *everything* including what your goals are for the rest of your family, so you can make the right decision.

Yeah I know that there are no simple answers to all my questions and perhaps thats why I get so frustrated and feel so hopeless sometimes.

Is not that Im waiting to bring my son from Chile (my home country), is actually what the lawyer said was our best choice because it seems that things go smoother in my country than if I stayed here longer and filled all the paperwork in the US, in this case California. Therefore He said I have to go back to Chile and wait for my interview there and that way I will be able to come back to the US but with my son.

Every lawyer I have met, I have always gave all the info, as a matter of fact I have a paper written on my pc that tells all our story from the start so I always print it out and I take it with me when I go to appointments. I also take all the paperwork I have incase they ask for. So trust me, IM very prepared, I just get confused when one person gives you one choice and then you go for a second opinion and that person gives you another choice and says that whoever told you this or that is wrong and they are right.

I guess when it comes to Lawyers they all like to handle things in different ways or whichever works better for them or whichever they are more familiar with. Who knows.

[meauxna 15]

I guess when it comes to Lawyers they all like to handle things in different ways or whichever works better for them or whichever they are more familiar with. Who knows.

That may be true, yes.

I don't know what status you had in the US with the I-94 you mention, or how much time out of status you may have accumulate, or not.

There are essentially two choices:

-Stay in the US and file for Adjustment of Status

-Begin the Immigrant Visa processing and return to your home country for the interview

If you have 180+ days of illegal presence (out of status etc) then you potentially face a ban IF you leave the US.

I don't really know what the lawyer meant by 'smoother' if you process in your home country. 'Smooth' to me might mean staying right where I am to have my baby. But it seems the lawyer was thinking what I thought--if you go back and get a visa, your son could poetentially get a derivitive visa from yours. Otherwise, it will be a longer wait for your son to come.

Of course, if you are facing a ban and leave, it might be a long time before either of you (plus the baby) come to the US.

I think there is more to your story than is here, which is fine, I just don't think anyone can/should give you answers based on what you've posted. I'm not sure what help can be offered. I think the best thing you can get here is tips on the kinds of questions you should be asking the lawyer at your next meeting.

[coldbaby06 0]

I guess when it comes to Lawyers they all like to handle things in different ways or whichever works better for them or whichever they are more familiar with. Who knows.

That may be true, yes.

I don't know what status you had in the US with the I-94 you mention, or how much time out of status you may have accumulate, or not.

There are essentially two choices:

-Stay in the US and file for Adjustment of Status

-Begin the Immigrant Visa processing and return to your home country for the interview

If you have 180+ days of illegal presence (out of status etc) then you potentially face a ban IF you leave the US.

I don't really know what the lawyer meant by 'smoother' if you process in your home country. 'Smooth' to me might mean staying right where I am to have my baby. But it seems the lawyer was thinking what I thought--if you go back and get a visa, your son could poetentially get a derivitive visa from yours. Otherwise, it will be a longer wait for your son to come.

Of course, if you are facing a ban and leave, it might be a long time before either of you (plus the baby) come to the US.

I think there is more to your story than is here, which is fine, I just don't think anyone can/should give you answers based on what you've posted. I'm not sure what help can be offered. I think the best thing you can get here is tips on the kinds of questions you should be asking the lawyer at your next meeting.

Yes I agree with you, like I posted first, I said I was giving the short version of my case so of course there is a lot of missing details on here.

I came to the US several times on a B1/B2 visa, on my last trip back in October 2004 then gave me an extension of my visa which was due to expire on November 16th 2004 until April 18th 2005 on my I-94. I got married to a US Citizen 10 days before my I-94 expired.

TO this day nothing has been done because of bad luck with past lawyers who never did anything and took pretty much all the money we had and then also because my husband was deployed and was never home.

I have overstayed for a lil over a year and half in the US. Im familiar with the 5 and 10 year bar and I know that If I was to leave from the US I would be facing that. I think this is the reason why this other lawyer told me to leave from Mexico and that way my husband could fill the paperwork for me and my son here and I would get my meeting at the US Embassy in my home country Chile and be able to come back with my son and have this baby im expecting in the US. I also think that this lawyer suggested that I go back because I have been apart from my son for too long and its too hard. I remember he mentioned that we could get everything done here but that I would have to realize that it would take longer to be reunited with my son again, perhaps 2 more years. SO I guess he adviced that to us thinking of me as a mom and my son back in Chile.

I always give all my information to the lawyer and I have prepared a bigger file this time going over the same stuff. HOpefully this lawyer will give me more options. I can only hope and pray that things get better and not worse.

[Reba 2]

So you've basically got 1 year of out of status time here in the US. If you leave the US now, you will face a bar at re-entry, so you wouldn't be able to come back to visit your husband until you get either the K3 or CR1 visa. He'd have to go visit you in Chile.

Now if you stay and adjust status, you're stuck here in the US until you get your green card. That can take either a few months, or more than a year or longer.

The thing is, I am not sure that if you stay here to adjust, if you can get your son here any time soon. Unless your new husband were to adopt him, I don't think he can sponsor him if you stay to adjust otherwise, and if you sponsored your son after you get your green card, that could take several years to process.

If you go home and wait out a K3 then your son could get the K4. You would however be delayed at your consulate interview because of your over stay, and would likely have to file a waiver, which would take a while after that.

Is there not a lawyer on base that could assist? Your husband being in the military is not going to speed up your process at all, but sometimes the base lawyers are familiar with spousal immigration.

Good luck in whichever you decide.

[coldbaby06 0]

So you've basically got 1 year of out of status time here in the US. If you leave the US now, you will face a bar at re-entry, so you wouldn't be able to come back to visit your husband until you get either the K3 or CR1 visa. He'd have to go visit you in Chile.

Now if you stay and adjust status, you're stuck here in the US until you get your green card. That can take either a few months, or more than a year or longer.

The thing is, I am not sure that if you stay here to adjust, if you can get your son here any time soon. Unless your new husband were to adopt him, I don't think he can sponsor him if you stay to adjust otherwise, and if you sponsored your son after you get your green card, that could take several years to process.

If you go home and wait out a K3 then your son could get the K4. You would however be delayed at your consulate interview because of your over stay, and would likely have to file a waiver, which would take a while after that.

Is there not a lawyer on base that could assist? Your husband being in the military is not going to speed up your process at all, but sometimes the base lawyers are familiar with spousal immigration.

Good luck in whichever you decide.

I agree with you and this is why I feel like Im stuck in the middle of all this drama. However, I have sacrified way too much and for too long, I know things would be different If they got done when they were supposed to and my son would be here already.

Military / Legal Department on Base doesnt do anything for you, all they said is here is the list of the forms you will need (which I already had), they gave me the website (which I already knew all the websites where we can find help, info, forms, etc..) and said we could also get you an appointment so you can go and take the forms. I have all the info they offer and they said they dont get involved with Immigration issues, they can only advice you on what to do, where to go, etc. SO yeah nothing came out of that.

LIke I said, we have had bad luck, we trusted the wrong lawyers never thinking they would take our money and get nothing done.

I have a lawyer, but Im going to get a second opinion with another lawyer on Wednesday and take it from there. I have to decide by the end of next week what we are going to do.

I have a baby on the way and my son waiting for me back in my home country, and as a mother my biggest concern right now is to be reunited with my son and have a peaceful pregnancy. Everything else is only going to drive me up the wall and I dont need that. It was hard for me to deal with this before I was pregnant and now is only getting harder.

I appreciate all the replies and thanks to all of you for taking your time to read my post.

[meauxna 15]

Be sure to look into whether or not your husband can petition your son as his step son with an I-130. If you married before your son turns 18, I think the husband can petition him in with an Immigrant Visa.

Look at the Green Card processing for *your* District Office (form I-485). That will give you an idea of how long you can expect for your own AOS case (if you choose that) would take. Also double check timelines from other VJers using your office.

An IV case with the petition filed in the US will take aprox. one year (for your son).

You could look into a DCF (I-130 filed at the consulate) for the child if the Consulate in Chile will work with you and your husband. I don't know if you would need to go there--I would think so, which would push a DCF back to after you have your PR.

Just some random thoughts for you to look into. I don't know if any of it will apply.