K3 Adjustment of Status Route

[Frazell Thomas 0]

I'm sure this route won't work at all in my case, but since I've recently come across it its on my mind. I wanted to solicit the thoughts of the community on experiences and/or suggestions for this filing method.

I read that you can file for the K3 for your spouse while they are in the country, legally, and just do an adjustment of status. This would allow them to be in the US during the processinig. My quesiton is who actually qualifies for this method? Is it something that only couples married while thier spouse was visitng the US (entered legally and unmarried) or is it an option for currently married couples to pursue? If anyone has tried this has it made things harder for them, experience wise? Also, does it matter what entry visa is granted for the visiting spouse?

Since I've already filed my I-130 I'm sure this method is unusable by me, but hopefully this thread clears up any questions I have and maybe someone else might as well.

[pushbrk 12,877]

I'm sure this route won't work at all in my case, but since I've recently come across it its on my mind. I wanted to solicit the thoughts of the community on experiences and/or suggestions for this filing method.

I read that you can file for the K3 for your spouse while they are in the country, legally, and just do an adjustment of status. This would allow them to be in the US during the processinig. My quesiton is who actually qualifies for this method? Is it something that only couples married while thier spouse was visitng the US (entered legally and unmarried) or is it an option for currently married couples to pursue? If anyone has tried this has it made things harder for them, experience wise? Also, does it matter what entry visa is granted for the visiting spouse?

Since I've already filed my I-130 I'm sure this method is unusable by me, but hopefully this thread clears up any questions I have and maybe someone else might as well.

Start with the guides and see which path your circumstances fit best. I really can't understand you current circumstances from what you've written above.

[Frazell Thomas 0]

I'm sure this route won't work at all in my case, but since I've recently come across it its on my mind. I wanted to solicit the thoughts of the community on experiences and/or suggestions for this filing method.

I read that you can file for the K3 for your spouse while they are in the country, legally, and just do an adjustment of status. This would allow them to be in the US during the processinig. My quesiton is who actually qualifies for this method? Is it something that only couples married while thier spouse was visitng the US (entered legally and unmarried) or is it an option for currently married couples to pursue? If anyone has tried this has it made things harder for them, experience wise? Also, does it matter what entry visa is granted for the visiting spouse?

Since I've already filed my I-130 I'm sure this method is unusable by me, but hopefully this thread clears up any questions I have and maybe someone else might as well.

Start with the guides and see which path your circumstances fit best. I really can't understand you current circumstances from what you've written above.

Thanks for the reply

The guides didn't seem to offer too much information on the subject. Basically I'm wondering about doing the K3 via the Adjustment of Status route for a spouse in the U.S. legally, but on a tourist or equiv. visa. As I said, I'm sure I can't persue this option either way due to the fact I've already filed the I-130, but I'm curious as to the method and where it makes sense and works.

[pushbrk 12,877]

I'm sure this route won't work at all in my case, but since I've recently come across it its on my mind. I wanted to solicit the thoughts of the community on experiences and/or suggestions for this filing method.

I read that you can file for the K3 for your spouse while they are in the country, legally, and just do an adjustment of status. This would allow them to be in the US during the processinig. My quesiton is who actually qualifies for this method? Is it something that only couples married while thier spouse was visitng the US (entered legally and unmarried) or is it an option for currently married couples to pursue? If anyone has tried this has it made things harder for them, experience wise? Also, does it matter what entry visa is granted for the visiting spouse?

Since I've already filed my I-130 I'm sure this method is unusable by me, but hopefully this thread clears up any questions I have and maybe someone else might as well.

Start with the guides and see which path your circumstances fit best. I really can't understand you current circumstances from what you've written above.

Thanks for the reply

The guides didn't seem to offer too much information on the subject. Basically I'm wondering about doing the K3 via the Adjustment of Status route for a spouse in the U.S. legally, but on a tourist or equiv. visa. As I said, I'm sure I can't persue this option either way due to the fact I've already filed the I-130, but I'm curious as to the method and where it makes sense and works.

Do your circumstances fit this?

"US Citizen and Spouse both live/reside in the US:"

Hint: People here on a tourist visa don't reside here.

[Kez/JWolf 6]

There is no such thing as a K3 route that you can do from inside the US.... I think what you are asking is.... can you file for AOS as you entered the US legally and now want to stay.... well you can file for AOS.... approval is another matter.... you would have to be able to prove that you had no intention of remaining in the USA at the time of your last entry and that you are not using it as a way of circumventing the immigration laws.... to get here quicker than you would if you went down the K3 or CR1 route...

You would need to speak to a good immigration lawyer and go over your individual case carefully so that you are happy that you are not doing something that you will live to regret latter....

Can it be done???? YES is it the best way for you???? only you and your lawyer can answer that one....

Kez

[LvivLovers 39]

There is no such thing as a K3 route that you can do from inside the US.... I think what you are asking is.... can you file for AOS as you entered the US legally and now want to stay.... well you can file for AOS.... approval is another matter.... you would have to be able to prove that you had no intention of remaining in the USA at the time of your last entry and that you are not using it as a way of circumventing the immigration laws.... to get here quicker than you would if you went down the K3 or CR1 route...

You would need to speak to a good immigration lawyer and go over your individual case carefully so that you are happy that you are not doing something that you will live to regret latter....

Can it be done???? YES is it the best way for you???? only you and your lawyer can answer that one....

Kez

Yeah. It's my understanding if you are already here in the USA and you are married or will get married while here in the USA (and this wasn't your intention at the time when you were entering the USA), then you can file adjustment of status to become a permanent resident while in the USA. You wouldn't need a K3 visa at all since this is really designed just so you can get to the USA to adjust status...if you are already here you would just need to adjust status. But it's critical that you not leave the USA before sorting this out or you probably can not come back legally. So definately talk to a good immigration lawyer before you do ANYTHING! This is just my recollection of how this works...talk to an expert or two to verify.

[Reba 2]

If you are already married, and if you married outside the US, I'm not sure that you can just show up and adjust status without hassle. Plus, you're kinda stuck here, unable to leave the country until its all completed, which means no going back home to get your stuff or to visit family or tie up loose ends.

[Kez/JWolf 6]

If you are already married, and if you married outside the US, I'm not sure that you can just show up and adjust status without hassle. Plus, you're kinda stuck here, unable to leave the country until its all completed, which means no going back home to get your stuff or to visit family or tie up loose ends.

It can be done.... last case I remember on here was a wife came to visit her USC husband before their baby was due to be born... wife went into prem labour and ended up having her baby here in the US... baby was still in the hospital and wife was due to go home... she stayed and filed for AOS and was approved... so the fact that you were already married is not the question here it is more to do with what you intended to do on your last entry to the US.... if you arrived with the intent to stay and file for AOS then you are commiting visa fraud... if on the other hand you came with no intention of remaining here but you have since changed your mind then yes you can file for AOS... as I have said before you may be asked to prove your intent to return to your own country at the time of AOS interview or like many it wont even be mentioned...

I would strongly recommend a meeting with a good immigration lawyer just to go over your case.....

Kez

[eau_xplain 2]

As Kez (Niagaenola) posted, you cannot apply for a K3 if the alien spouse is already in the US. A legally admitted alien spouse of a USC can, however, apply for AOS. But there might be details in your case that could make your situation an exception. It would be better to do an initial consultation with a good immigration lawyer just to cover your bases.

As to your question about the I-130. Even if you have already filed it, you can still go ahead with the AOS (if your case warrants it) and just include a copy of the NOA/receipt as evidence that an I-130 has been filed.

[payxibka 10,045]

you cannot apply for a K3 if the alien spouse is already in the US. .

Yes you can. You can do this if you intend to have your alien spouse to return to his/her home country to complete the consulate processing.

[Kez/JWolf 6]

What I actually said was

There is no such thing as a K3 route that you can do from inside the US....

There is nothing to stop you from filing for a K3 visa while you are in the US... but you have to return to your own country to complete it.... there is no K3 visa route that allows you to remain in the US while it is being processed... but what you can do is file for AOS if you meet the requirements for doing so...

Kez

[pushbrk 12,877]

As Kez (Niagaenola) posted, you cannot apply for a K3 if the alien spouse is already in the US. A legally admitted alien spouse of a USC can, however, apply for AOS. But there might be details in your case that could make your situation an exception. It would be better to do an initial consultation with a good immigration lawyer just to cover your bases.

As to your question about the I-130. Even if you have already filed it, you can still go ahead with the AOS (if your case warrants it) and just include a copy of the NOA/receipt as evidence that an I-130 has been filed.

If your case warrents it (qualifies) is a huge if. You haven't disclosed enough of your circumstances for us to know whether you qualify.

For instance, if you married abroad, filed an I-130 and then your spouse came to visit you on a tourist visa, you definitely don't qualify.

If you want meaningful help, give us a complete timeline.

[LvivLovers 39]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

[pushbrk 12,877]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

The above is correct for the circumstances for which it is correct. However, qualifying to adjust status is not entirely dependant on your intentions at entry, in cases where the couple is already married. I think that's the more likely circumstance for the OP. In that case, changing our mind after you enter is no excuse. It's attempted visa fraud.

Let's not go further down the garden path until the OP provides the complete timeline.

[Kez/JWolf 6]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

The above is correct for the circumstances for which it is correct. However, qualifying to adjust status is not entirely dependant on your intentions at entry, in cases where the couple is already married. I think that's the more likely circumstance for the OP. In that case, changing our mind after you enter is no excuse. It's attempted visa fraud.

Let's not go further down the garden path until the OP provides the complete timeline.

Please do not tell people it is visa fraud when it is not.... as long as you entered the US legally and did not intend on immigrating at that time is is acceptable to just change your mind and file for AOS..... whether you are married at entry or not it does not matter...

Kez