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Filed: K-3 Visa Country: Canada
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Cutien,

Thanks for the reply. He came over here on his Canadian Passport so is an adjustment of status doable? If it's not the next question is we file the K-3, that part I get. Can he visit me while we are going through the K-3 process since he holds a vaild passport?

Another question is that if he goes back on Sunday which is the date of his return flight ticket cause he has work on Tuesday, say he decides to come back on a visit again and then can we file for the Adjustment of Status. I know that he's allowed to stay for at least 6 months on his passport. My passport is in process and so is my daughter's (whom he will be adopting once the immigration stuff is done) so then we can go see him as well.

Sorry if my posts are confusing we are just trying to figure out what needs to be done and make sure it's done correctly.

Thanks,

Phallon

say he decides to come back on a visit again and then can we file for the Adjustment of Status

If he leaves then AOS is out of the question!!!

Options if he leaves are EITHER;

~k-3 then adjust status in the US

~CR-1 with no k-3

~File an I-130, get the receipt, file the I-129F, most likely they will be approved together and then the I-130 gets retained.Go forward with the K-3, pay $200.00, file an I-824 wait for the I-824 to be approved so the I-130 gets sent to the NVC, go through the NVC process ,interview for the CR-1 in Montreal.

~File an I-130 clearly indicating you wish for it to be forwarded to the nvc and consulate, get the receipt, file the I-129F, most likely they will be approved together.Go forward with the K-3, at the same time go through the NVC process ,interview for the CR-1 in Montreal....in the end 2 interviews in Montreal.

Again............he can visit!! He will need proof of his ties to canada and prove with those ties and his behavior that he intends to return to Canada

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