Filing AOS while K3 in process

[Vin75 0]

My wife and I married in August in Canada. Since then I have also filed my for my K3. My wife has been visiting me in the U.S. on a B1 and has traveled to canada and back to the U.S. twice so far. The last time of reentry we were told that we should file for AOS even though K3 was in process.

We attempted to file AOS only to have it rejected because of not choosing the correct application type.

None of the given options fit our scenario. We have to choose other and explain our circumstances. What would be the best explanation? She has no reason to be in canada because she is currently unemployed.

[rebeccajo 14]

You can't adjust until a K3 is approved and you are in the states. I don't know who told you otherwise.

[Reba 2]

That's right. You can't do both at the same time.

[Vin75 0]

That's right. You can't do both at the same time.

This was told to me by an immigrations officer in person and also through the phone.

[Miranda&James 8]

As far as I understand it, it is immigration fraud to come into the states with the intent to immigrate without the proper visa. If you had gotten married here in the states by suprise (aka not planned to get married on that visit) thats one thing, but already being married and leaving the USA and then planning to come back in and stay without having the K3 is another.

Edited February 1, 2007 by Miranda&James

[Vin75 0]

As far as I understand it, it is immigration fraud to come into the states with the intent to immigrate without the proper visa. If you had gotten married here in the states by suprise (aka not planned to get married on that visit) thats one thing, but already being married and leaving the USA and then planning to come back in and stay without having the K3 is another.

Some how I don't think an immigrations officer would tell us to commit imigration fraud.

[Miranda&James 8]

As far as I understand it, it is immigration fraud to come into the states with the intent to immigrate without the proper visa. If you had gotten married here in the states by suprise (aka not planned to get married on that visit) thats one thing, but already being married and leaving the USA and then planning to come back in and stay without having the K3 is another.

Some how I don't think an immigrations officer would tell us to commit imigration fraud.

Yeah me neither, but I've been told some pretty wrong things by other immigration people so who knows. Then again that's only my understanding of how it works which can always be wrong.

[Yodrak 7]

Vin75,

Somehow I think that there has been a communications breakdown somewhere. And perhaps there was a little more in the converstation with the immigrations officer that has not been repeated here in this thread.

Yodrak

As far as I understand it, it is immigration fraud to come into the states with the intent to immigrate without the proper visa. If you had gotten married here in the states by suprise (aka not planned to get married on that visit) thats one thing, but already being married and leaving the USA and then planning to come back in and stay without having the K3 is another.

Some how I don't think an immigrations officer would tell us to commit imigration fraud.

[CutienPurg 0]

Well Vin , lemme tell you a lil immigration story ........

This story takes place in 2004......as told to me by my friend.......

I had a friend from Victoria, she met a great guy whom she wanted to marry and settle down with in Utah. They consulted with an " immigration officer" in Salt Lake City I believe, who guided her to simply pack up her things , come to the states, get married and file for AOS. SO.......she learned to drive, quit her job, canceled her lease, packed her things, said goodbye to her family and headed for the border. Her fiance had flown up to meet her and with him driving the U-haul and her driving her car they arrive at their POE. When asked where she was going she told them exactly what she was told she could do and was doing. Well needless to say , she was hauled inside fingerprinted, photographed and told no no no you may not enter. She tearfully told them what she was told she could do and those " immigration officer's" responded "OHHHHH well just go get married and then go to the consulate in Vancouver, file directly with them and then you can come right back". So off they trotted, got married, found they had to wait a day to file as it was July 4th and the embassy was closed. On July 5th they go to the consulate, wait their turn and when their turn finally arrived they were told " uhhhhh we don't do that!".......

I'm not sure what happened after that as we lost touch........but I think you get the picture.

Like with anything Vin , you're always free to do what you think is best. We all make our choices based on our own information and feelings but I'm guessing if you had complete confidence in what you were told by an "immigration officer".........not once but more than once..... you wouldn't be asking for confirmation here.

Best of luck to you whatever you choose.........

[Vin75 0]

My wife just got off the phone with homeland security.

This time they told her to send back the AOS for and choose application type as option a. which states an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

There's defintely a communications breakdown somewhere.

The point is my wife is currently in the U.S. has been here for a few months now. I don't see no need for her to go back to Canada unless she needs to. K3 is taking forever to go through. I believe if done correctly there may be other options out there.

[Yodrak 7]

Vin75,

OK, in summary your situation seems to be something like this:

- You submitted an I-130 petition for your wife.

- Then you submitted an I-129f petition for your wife.

- While waiting for these petitions to be approved your wife visited the USA several times.

- On her last visit you and she decided that she should just stay, and so she's still here.

- Some USCIS people have told you that this is OK, she just has to file an I-485 petition on the basis of your I-130.

Is that about right?

The last statement of your post is the critical one. Please consult with an immigration attorney to review your situation in detail, not in summary. In the summary version you're no different from a lot of other people who have adjusted successfully. In the detail version there may be some item that sets you apart from the successful others and puts you with the unsuccessful others, and in a world of hurt. The USCIS case officer who processes your wife's I-485 may not be the same USCIS officer who casually told you to just submit an I-485 and the sun will shine.

As you say, "if done correctly". Have a consultation and improve the odds of doing things correctly.

Yodrak

My wife just got off the phone with homeland security.

This time they told her to send back the AOS for and choose application type as option a. which states an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

There's defintely a communications breakdown somewhere.

The point is my wife is currently in the U.S. has been here for a few months now. I don't see no need for her to go back to Canada unless she needs to. K3 is taking forever to go through. I believe if done correctly there may be other options out there.