Married here and left US and now what to do?

[makidesuu 0]

Hi all, I need your help for my friend. He is a USC and married to a canadian lady here in U.S. Then she went back to canada to finish her school before adjusting her status in the U.S. Today he asked me if his wife can adjust her status when she comes back here in the U.S as a tourist next week.

To my understanding, if she is a wife already, she won't be able to come back here as a tourist to adjust her status and she will need to apply K-3 or K-4? Is there any way she can come back and adjust her status here in the U.S??

[no name 1]

Yes, he will have to apply for a K3 for her to come back.

http://www.visajourney.com/faq/k3k4visa-application.html

[YuAndDan 153]

At this point a K-3 or CR-1 visa is needed to re-enter the country, this is not a case of a person entering the country and then falling for someone and marrying a month later, then adjusting status.

They will see that the marriage happened before entering the country and will require a proper visa for entry.

[misa 2]

K3 or CR-1/IR-1. He'd better start getting the paperwork together asap.

[makidesuu 0]

Thank you very much for quick reply!! I will call him now!

[makidesuu 0]

Sorry one more question. I read the section for K-3 and CR-1 visa and CR-1 visa is recommended to apply in case k-3 visa will take long. Should he apply for both just in case??

[maryandatif 0]

Sorry one more question. I read the section for K-3 and CR-1 visa and CR-1 visa is recommended to apply in case k-3 visa will take long. Should he apply for both just in case??

By filing the I-130 it is the CR/IR-1 Visa that you are applying for. The filing of the I-129F in conjunction with the I-130 turns it into a K-3 Visa. Filing the I-219F is optional, and sometimes can get the spouse here quicker.

This is pruely my understanding.

Mary K.

[Killer_Clown_2009 0]

If her marriage comes up while she is attempting to cross the border, she might be asked to provide proof of her ties to Canada. Just something to be aware of if she still plans to come and visit in the US next week.

[YuAndDan 153]

Sorry one more question. I read the section for K-3 and CR-1 visa and CR-1 visa is recommended to apply in case k-3 visa will take long. Should he apply for both just in case??

By filing the I-130 it is the CR/IR-1 Visa that you are applying for. The filing of the I-129F in conjunction with the I-130 turns it into a K-3 Visa. Filing the I-219F is optional, and sometimes can get the spouse here quicker.

This is pruely my understanding.

Mary K.

One quick note: If a I-129F is filed after I-130 NOA1 as per the K-3 instructions, the USCIS will hold the CR-1 paperwork after the I-130 is approved and let the K-3 proceed through NVC to the consulate. If you want the CR-1 to continue along with the K-3 you need to file form I-824 + ($200) to get it released to NVC.

They have added this step because the majority of K-3 visas result in adjustment of status in the USA and was wasting processing resources at NVC and the consulates.

Edited May 9, 2007 by YuAndDan