K3 is in process and got the visit visa..now what

[AustinnPawerss 0]

Hi folks, I applied for visit visa in 2005 and today I got the call from embassy that it is approved submit your passport for the visit visa, my wife applied for the k3 in JUNE 2006, now I need suggestion or advice that If i go on Visit visa there can I stay there and can I apply to change my status or I have to come back to and go through the K3 visa process. Take care, we married in march 2006 and I applied for the visa iin 2005 so that I can visit her and her family before proceeding the marriage thing but things went ok and got marry in march 2006 and now when the k3 is in process embassy called my to come and get the visa so plz plz plz...advices, suggestion or some other informative links...

Also tell me if I go there, do I need to carry any documents with me they migh ask or any other precautionary stuff....

thankx

Will wait for your replies.

Thanks and best regard

[The_dip_sticks 0]

Dont get me wrong or any thing but.....going there with a visitors visa with intent to immigrate is illegal. If you plan to go and visit your wife for the time that is given on the visa with means to return to your country that is fine. You need to and you should return and finish the k3 process sucessfully in your country. why would you want to jepordize your k3? Im going on a limb here but my inner voice is telling me to adivice you to vist your wife and take proof of ties to your country that you are going to return. After you visit you should return to your coutnry and wait out the K3 process untill you can enter the country with the correct visa. This immigration process is difficult enough as it is. Please dont create more problems for your self. I dont think that immigration would be very pleased to know that you might consider adjusting your status upon entering the country on a visitors visa (if even that is possible...I dont think it is.) You would get a nasty little stamp on your passport and sent right back on the next flight where you came from. Visiting should not be a problem as long as you dont intend to stay and can provide evidence that you intend oto return.

Then again in not an expert Im sure some one will come along and correct me shortly. I hope that every thing works out. Merry Christmas.

[Reba 2]

As you are already married you are not eligible to adjust status from a tourist visa. You will have to return to your home country, or the country where you got married, for your K3 interview.

Also, because your circumstances have changed since your initial application for the tourist visa, they may deny you entry because you are now married to a USC. Take LOTS of evidence that you need to return home, like a letter from your employer that says you are expected back to work on such a date, evidence that you have not abandoned your home and possessions, stuff like that.

[AustinnPawerss 0]

Dont get me wrong or any thing but.....going there with a visitors visa with intent to immigrate is illegal. If you plan to go and visit your wife for the time that is given on the visa with means to return to your country that is fine. You need to and you should return and finish the k3 process sucessfully in your country. why would you want to jepordize your k3? Im going on a limb here but my inner voice is telling me to adivice you to vist your wife and take proof of ties to your country that you are going to return. After you visit you should return to your coutnry and wait out the K3 process untill you can enter the country with the correct visa. This immigration process is difficult enough as it is. Please dont create more problems for your self. I dont think that immigration would be very pleased to know that you might consider adjusting your status upon entering the country on a visitors visa (if even that is possible...I dont think it is.) You would get a nasty little stamp on your passport and sent right back on the next flight where you came from. Visiting should not be a problem as long as you dont intend to stay and can provide evidence that you intend oto return.

Then again in not an expert Im sure some one will come along and correct me shortly. I hope that every thing works out. Merry Christmas.

Thanks for the reply The_dip_sticks, I asked these questions because I am not well aware with the immigration laws, anyways no problemooo, I am only willing to go there for visit purpose until my k3 gets approve and will defenately come back, can you guide me more that going on visit what documents should I take with me and what should I tell them at the airport or what type of questions they might ask me at the airport...

Thankx once again...

[MaryandMian 1]

Reba is correct is saying that you cannot come to the USA on the tourist visa and adjust status here. You can come and visit but your taking a chance of being denied entry at the POE since they should have record of the K3. Plus, as Reba mentioned at the time of the POE you would need to have strong evidence of ties back home so that they do not think you are trying to come illegally and adjust status. If you were allowed entry then you would have to go back home for your K3 interview.

Mary

[AustinnPawerss 0]

Reba is correct is saying that you cannot come to the USA on the tourist visa and adjust status here. You can come and visit but your taking a chance of being denied entry at the POE since they should have record of the K3. Plus, as Reba mentioned at the time of the POE you would need to have strong evidence of ties back home so that they do not think you are trying to come illegally and adjust status. If you were allowed entry then you would have to go back home for your K3 interview.

Mary

thanks marry and to all of you, If I dont travel using this visit visa it will not impact my k3 process later. actually the prob is that I got the call coz I applied in 2005 for this visit visa and we started our k3 process in June 2006 so that is why, tell me should I tell embassy that my k3 is in process. I think its not good idea to tell the embassy, instead of telling them, I should get the visit visa and stay home and wait for my k3 process to get done....what you ppl suggest...

[Reba 2]

what country are you coming from?

[AustinnPawerss 0]

what country are you coming from?

Saudi Arabia

[aussiewench 9]

As you are already married you are not eligible to adjust status from a tourist visa. You will have to return to your home country, or the country where you got married, for your K3 interview.

How is one not eligible to adjust status from a tourist visa because one is married? People do this all the time. I know you were responding to the OP's particular question but the bolded statement is not true in a general context and shouldn't stand alone. If a person is admitted/granted entry to the US, and otherwise eligible.....even if they have a petition in process and/or are married, they can apply to adjust status.

In the case of the OP, there is immigrant intent so if this is found to be the case by an adjudicator, one can be denied and may face a ban. Risky. Having a petition in process already is not in itself grounds for denial. Circumstances do change. Other members by their personal accounts have also shown this to be the case.

Extract from FAQ on the US Consulate website Australia. The same is on the New Zealand site.

11. (Q) MY LAWYER IN THE U.S. HAS TOLD ME TO APPLY FOR A TOURIST VISA, AND THEN APPLY FOR IMMIGRATION OR ADJUST MY STATUS AFTER I ARRIVE. CAN I DO THAT?

&

12. (Q) CAN I ENTER THE U.S. AND WAIT WHILE THE VISA IS BEING PROCESSED?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a non immigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a non immigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

http://canberra.usembassy.gov/consular/ivfaq.html

One also only has to read the information on eligibility on the USCIS website.

As for the OP having a tourist visa application submitted prior to the filing of the K-3 petition. I imagine/think it would of been correct process to of notified them of any changes in circumstances prior to the tourist visa being granted. Not informing them may possibly be deemed fraud if used and then one applies to adjust status on entry to the US especially also having a petition in process. This would be a good question to ask a competent immigration lawyer.

[kim&james 0]

With regards to the embassy, when you pick up your tourist visa I would probably tell them that you do have a K3 petition in process, but you just want to visit your partner, and will return when planned.

As others have said, the biggest problem that you could have is at the point of entry, Make sure that you have plenty of evidence that you wil return to your country.

I agree with Wench, it is very easy for married people to adjust status while here on tourist visa. I had heard or read somewhere that if the AOS is denied from the visitor visa or is it just the vwp???, that there is bascially no recourse and the person must leave the country and then work through the process from overseas??? I cant remember been ages ... need clarification!

[AustinnPawerss 0]

With regards to the embassy, when you pick up your tourist visa I would probably tell them that you do have a K3 petition in process, but you just want to visit your partner, and will return when planned.

As others have said, the biggest problem that you could have is at the point of entry, Make sure that you have plenty of evidence that you wil return to your country.

I agree with Wench, it is very easy for married people to adjust status while here on tourist visa. I had heard or read somewhere that if the AOS is denied from the visitor visa or is it just the vwp???, that there is bascially no recourse and the person must leave the country and then work through the process from overseas??? I cant remember been ages ... need clarification!

All right folks now tell me what should I do now, coz I've already submitted my passport for the visa in embassy yesterday before contacting you ppl, you ppl already supported me alot interms of your suggestion now tell me the solutions also.

Solutions in my mind

1. one solution is that I should send them a detail email mentioning all the situation from start to end, I mean from applying the Visit Visa in Aug 2005 till applying for the K3 in JUNE 2006 etc and I should Keep the copy of that email with me, so that in future if something goes wrong I will show them this email.
   
2. The other solution is that the day I go to collect my passport I will tell them the complete situation and will request them if they think its good then they should stop the visit visa or cancel it
   

.... NEED suggestions and possible solutions.?????????[/

[Reba 2]

My remark is based on the fact that if AustinPawers had entered the US with a tourist visa, and then got married and stayed to adjust status, sure, people do that all the time. However, if one gets married a year or so ago in some other country, and then somehow gets a tourist visa and decides to stay and adjust, I don't believe that person is eligible. Otherwise, I would have done just that myself several years ago, rather than fuss with all that K3 #######. Just how I understood the law to be.

[Yodrak 7]

Reba,

Why would the person in the 2nd instance be any less eligible to adjust status than the person in the 1st instance? The principle in question is the same for both - inspected and entered as a non-immigrant, changed mind after entry and decided to immigrate on the basis of being the spouse of a USC.

Yodrak

My remark is based on the fact that if AustinPawers had entered the US with a tourist visa, and then got married and stayed to adjust status, sure, people do that all the time. However, if one gets married a year or so ago in some other country, and then somehow gets a tourist visa and decides to stay and adjust, I don't believe that person is eligible. .....

[Asamu 0]

They way I understood it is this…. On the 2nd instance you have a spouse in the US and if you decide to stay and AOS – it is harder to prove the fact that you did not have the intention of creating a short cut for yourself and apply for an AOS. We all know that you need a valid I-94 to complete your AOS among other things.

But on the 1st instance you are not married… you visit your fiancé and decide to get married… there some leeway of claiming that you did not intend to get married, but woop di doo… it just happened… an officer will look at you over his/her glasses and say yeah right… but again things do happen…

In other words – both cases are speculative however, you may have a better chance to claim ‘non-intend’ with the 1st instance than the second.

In both cases – it is a 50/50 chance… as everyone else said… why tempt fait…

[AustinnPawerss 0]

They way I understood it is this…. On the 2nd instance you have a spouse in the US and if you decide to stay and AOS – it is harder to prove the fact that you did not have the intention of creating a short cut for yourself and apply for an AOS. We all know that you need a valid I-94 to complete your AOS among other things.

But on the 1st instance you are not married… you visit your fiancé and decide to get married… there some leeway of claiming that you did not intend to get married, but woop di doo… it just happened… an officer will look at you over his/her glasses and say yeah right… but again things do happen…

In other words – both cases are speculative however, you may have a better chance to claim ‘non-intend’ with the 1st instance than the second.

In both cases – it is a 50/50 chance… as everyone else said… why tempt fait…

Thankyou Thankyou Thankyou for all your suggestion, allright here is the update, I talked to a lawyer in Newyork, she said that it is Illegal to apply the visit visa while the Immigration process is already started and further she said that go to the embassy and tell them the whole situation and they will tell you exactly what to do. She said they will not ban you if you will be honest with them but if you will not inform them by your self and you will get the visa then you might have the problem when you go for the K3 visa.

So tomorrow I am going to embassy, one of my friend is working there I talked him clearly he said nothing to worry come tomorrow and I will ask our immigration expert guy to listen you and help you in ur problem

So hope for the best...

will post your update tomorrow.