Filing within US?

[mramstedt 0]

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

[Saddle Bronc 124]

Your approach is incorrect.

For a K-1, you would have to be UNMARRIED, until you return to US on the visa (which would be issued in Helsinki in your case).

A better solution is to get married (in US) and file I-130/I-485/I-131/I-765 package (as this I-485 is based on the I-130, not the original EB-3).

Was your lawyer a metro-Atlanta-based desi (from South Asia sub-continent)?

[payxibka 10,047]

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

A K-1 is a fiance(e) visa. If you are married then you are no longer a fiance(e). The spousal "K" visa is K-3. Any "K" visa needs to have the USC file a petition with the USCIS. After the petition is approved then the consulate in the immigrants place of residence will make final adjudication of the visa.

[Saddle Bronc 124]

A K-1 is a fiance(e) visa. If you are married then you are no longer a fiance(e). The spousal "K" visa is K-3. Any "K" visa needs to have the USC file a petition with the USCIS. After the petition is approved then the consulate in the immigrants place of residence will make final adjudication of the visa.

In this case, the OP is in the US currently, so K visas would simply not be the way to go.

[aussiewench 9]

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

Seek the advice of a competent immigration attorney, whereby they will be able to advise you on the best course of action taking ALL your circumstances and evidence into consideration.

Just on the little you have disclosed here. If I was adjudicating the adjustment of status case, I would have to ask if you were only after the GC by marrying a USC as you have had an I-485 denied already. Not saying you are at all, but can you see my point at how important it is for you to seek legal advice.

All the best to you.

[payxibka 10,047]

A K-1 is a fiance(e) visa. If you are married then you are no longer a fiance(e). The spousal "K" visa is K-3. Any "K" visa needs to have the USC file a petition with the USCIS. After the petition is approved then the consulate in the immigrants place of residence will make final adjudication of the visa.

In this case, the OP is in the US currently, so K visas would simply not be the way to go.

Granted but he was asking about a K-1 visa so i simply corrected him to K-3 and which BTW is a doable process but may not be the most expeditious......

Edited November 20, 2006 by fwaguy

[Saddle Bronc 124]

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

Seek the advice of a competent immigration attorney, whereby they will be able to advise you on the best course of action taking ALL your circumstances and evidence into consideration.

Could be difficult for mramstedt to take, as he's been burned by an immigration lawyer.

However, I can suggest two competent ones to him.

1. Ron Gotcher (link leads to his imm forum)
   
2. Jim Eiss (who is a former INS inspector)
   

Just on the little you have disclosed here. If I was adjudicating the adjustment of status case, I would have to ask if you were only after the GC by marrying a USC as you have had an I-485 denied already. Not saying you are at all, but can you see my point at how important it is for you to seek legal advice.

All the best to you.

Edited November 20, 2006 by CherryXS

[mramstedt 0]

Some changed my original post. This is not what I wrote at all and sounds very different from what I was trying to explain, why is this?

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

Seek the advice of a competent immigration attorney, whereby they will be able to advise you on the best course of action taking ALL your circumstances and evidence into consideration.

Could be difficult for mramstedt to take, as he's been burned by an immigration lawyer.

However, I can suggest two competent ones to him.

1. Ron Gotcher (link leads to his imm forum)
2. Jim Eiss (who is a former INS inspector)

Just on the little you have disclosed here. If I was adjudicating the adjustment of status case, I would have to ask if you were only after the GC by marrying a USC as you have had an I-485 denied already. Not saying you are at all, but can you see my point at how important it is for you to seek legal advice.

All the best to you.

[Gary and Alla 3,694]

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

A frauduleant lawyer????????????!!!!!!!!!!!!!! Wait, a fraudulent immigration attorney!!!!!!!!!??????????? Say it isn't so!

Your USC fiancee can file the petition while you are here (she can do it herself without a fraudulent immigration attorney) but you will have to go back to Finland for the visa application interview (minimum). Filing the K-1 gives you no privilege to stay here, you would have to have some other sort of visa in order to remain in the country until your interview. If you are overstaying a visa now, particularly if it is by more than 180 days, it will be cause for denial of the K-1 visa.

[payxibka 10,047]

Some changed my original post. This is not what I wrote at all and sounds very different from what I was trying to explain, why is this?

It has been 2.5 years since you posted this question and you remember it exactly?