Immunizations

[JFH 12,191]

1 hour ago, Boiler said:

K3's are effectively obsolete.

He arrived 14 years ago when they were more common due to the long waits for CR-1s. Appears he never adjusted status (must have separated very quickly after arriving) and has been illegal ever since. 

[Wuozopo 4,293]

I finally understand with the extra information about the waiver. He can't adjust status because he was a K visa that came, but never married. He had no option but to leave in that situation. He stayed instead and has been illegal for more than 10 years. He has married a USC.

 

They are applying for a provisional hardship waiver to be decided upon by USCIS while he remains in the US.  It's a newish thing. At the same time a regular spouse visa petition is processing with USCIS and NVC.  If the waiver is approved, he goes to London to finish up the spouse visa process with an approved waiver in hand. If they accept the waiver (normally don't dispute USCIS) and grant the visa, he returns to the US  on spouse visa and becomes a greencard holder. There is no adjustment of status. It is a visa with waiver he is seeking. 

 

If the waiver is denied by USCIS, he knows in advance not to leave the US because there is a good chance he may not be back soon. He can just remain illegal until they get around to deporting him. 

If he leaves without the waiver approval and interviews for the visa, his visa will be denied and a 10 year ban imposed. but he can submit a waiver to the Dept of State and wait a year or so for that to be decided. if that new waiver is denied, he can wait 10 years and start over on a spouse visa.

 

 

Edited July 13, 2017 by Wuozopo

[Sarah & Alex 0]

8 minutes ago, Wuozopo said:

I finally understand with the extra information about the waiver. He can't adjust status because he was a K visa that came, but never married. He had no option but to leave in that situation. He stayed instead and has been illegal for more than 10 years. He has married a USC.

 

They are applying for a provisional hardship waiver to be decided upon by USCIS while he remains in the US.  It's a newish thing. At the same time a regular spouse visa petition is processing with USCIS and NVC.  If the waiver is approved, he goes to London to finish up the spouse visa process with an approved waiver in hand. If they accept the waiver (normally don't dispute USCIS) and grant the visa, he returns to the US  on spouse visa and becomes a greencard holder. There is no adjustment of status. It is a visa with waiver he is seeking. 

 

If the waiver is denied by USCIS, he knows in advance not to leave the US because there is a good chance he may not be back soon. He can just remain illegal until they get around to deporting him. 

If he leaves without the waiver approval and interviews for the visa, his visa will be denied and a 10 year ban imposed. but he can submit a waiver to the Dept of State and wait a year or so for that to be decided. if that new waiver is denied, he can wait 10 years and start over on a spouse visa.

 

 

yes you most everything correct.  He was married prior to me with the K3 visa.On a K3 you cant remarry and adjust status here, you had to go back to your home country. Obama made the visa waiver program which says you can do all of your paperwork here so you are not separated from your family but have to go to your country for visa consular interview

[Sarah & Alex 0]

Just now, Sarah & Alex said:

yes you most everything correct.  He was married prior to me with the K3 visa.On a K3 you cant remarry and adjust status here, you had to go back to your home country. Obama made the visa waiver program which says you can do all of your paperwork here so you are not separated from your family but have to go to your country for visa consular interview

and if the I601a waiver isnt approved the first time, then you can re-apply in 6 months

1 hour ago, JFH said:

He arrived 14 years ago when they were more common due to the long waits for CR-1s. Appears he never adjusted status (must have separated very quickly after arriving) and has been illegal ever since. 

you are correct 

you are correct

[Sarah & Alex 0]

16 minutes ago, Wuozopo said:

I finally understand with the extra information about the waiver. He can't adjust status because he was a K visa that came, but never married. He had no option but to leave in that situation. He stayed instead and has been illegal for more than 10 years. He has married a USC.

 

They are applying for a provisional hardship waiver to be decided upon by USCIS while he remains in the US.  It's a newish thing. At the same time a regular spouse visa petition is processing with USCIS and NVC.  If the waiver is approved, he goes to London to finish up the spouse visa process with an approved waiver in hand. If they accept the waiver (normally don't dispute USCIS) and grant the visa, he returns to the US  on spouse visa and becomes a greencard holder. There is no adjustment of status. It is a visa with waiver he is seeking. 

 

If the waiver is denied by USCIS, he knows in advance not to leave the US because there is a good chance he may not be back soon. He can just remain illegal until they get around to deporting him. 

If he leaves without the waiver approval and interviews for the visa, his visa will be denied and a 10 year ban imposed. but he can submit a waiver to the Dept of State and wait a year or so for that to be decided. if that new waiver is denied, he can wait 10 years and start over on a spouse visa.

 

 

one thing can you please help me on my timeline? I dont know what to change my profile to. Now it has adjustment of status, should it be something else so I dont confuse others when they are trying to help me with questions?

[Wuozopo 4,293]

50 minutes ago, Sarah & Alex said:

one thing can you please help me on my timeline? I dont know what to change my profile to. Now it has adjustment of status, should it be something else so I dont confuse others when they are trying to help me with questions?

 

You are applying for an IR1/CR1 visa.  (Yours will actually be an  IR1 visa because you have been married more than two years.) 

 

And in the comments place  way at the bottom of your timeline, you can write 

IR1/CR1 visa with provisional waiver

[Sarah & Alex 0]

2 minutes ago, Wuozopo said:

 

You are applying for an IR1/CR1 visa.  (Yours will actually be an  IR1 visa because you have been married more than two years.) 

 

And in the comments place  way at the bottom of your timeline, you can write 

IR1/CR1 visa with provisional waiver

thank you so much sweetie. I appreciate you