If Married In US Ever Ever Need to Leave & Get K3

[Silver358 0]

I was just curious about this...

I thought I saw an attorney suggest to someone who married a USC on a visitor visa to return to is home country and apply for a K3.

Is there any circumstance where it would be a good idea to leave and get a K3 visa if you already got married on a tourist visa?

Would it maybe "look better" during your adjustment of status interview?

[raymaga 25]

If you entered the U.S. as a visitor, and then spur of the moment, decided to marry a U.S. citizen, you can remain in the U.S. and file for Adjustment of Status. That involves submitting Forms I-130 and I-485, along with a copy of your marriage certificate. If, however, you entered the U.S. with the intent of marrying a U.S. citizen and remaining in the U.S. to live, that is visa fraud. Your marriage must have been a spur of the moment decision, with no previous intent of marriage when you entered.

You will be unable to leave the U.S. and travel abroad until after your AOS is approved, or you apply for Advance Parole and that is approved.

Or, if you choose, you can return to your home country and apply for the K-3 visa.

Edited September 21, 2007 by raymaga

[pushbrk 12,899]

I was just curious about this...

I thought I saw an attorney suggest to someone who married a USC on a visitor visa to return to is home country and apply for a K3.

Is there any circumstance where it would be a good idea to leave and get a K3 visa if you already got married on a tourist visa?

Would it maybe "look better" during your adjustment of status interview?

Yes, there are many such circumstances, like you came here with the intent to marry. It's ok to do that, but you must go home before you overstay and come back with an appropriate spousal visa. K3 is one option but not currently the best in most cases or for most people.

[Reba 2]

If you have ties in your home country that you need to clear up before you immigrate, then your best option would be K3 or CR1, rather than stay to adjust. AOS can take a year or more, and in that time you cannot travel outside the US and get back in, so if you have stuff at home you need, or family to say good bye to, or job to quit or or or...you'd have to go back.