Inadmissibility?

[Aianamarie329 0]

5 minutes ago, geowrian said:

AOS is not available  except through the original petitioner. This restriction applies to K class applicants, not just K-1.

K-3 rules are very similar to K-1 rules, except for a spouse instead of a fiance/fiancee (and no AP is needed to travel).

 

Assuming there are no other issues/inadmissabilities, then the process is:

1) File the I-130

2) After approval, file an I-601A to address the unlawful presence bar

3) Wait for approval of the I-601A and an interview is scheduled at the embassy/consulate.

4) Go to the interview (with all documentation, including the medical exam being completed, of course).

5) Wait for the visa to be issued.

6) Return to the US.

 

If there are any other inadmissabilities involved, then skip the I-601A piece. The waiver for those, if one is available, would come into play some point after the interview.

Right that same process that our attorney told us, my I am just worried that with what his ex did with filing for the divorce if that would be considered visa fraud, it was never his intent. Just concerned how that could be taken when it comes time to his interview. 

[mushroomspore 3,044]

3 hours ago, Aianamarie329 said:

Right that same process that our attorney told us, my I am just worried that with what his ex did with filing for the divorce if that would be considered visa fraud, it was never his intent. Just concerned how that could be taken when it comes time to his interview. 

Since it wasn't his intent, it's not considered fraud.

Edited March 8, 2019 by mushroomspore