K3 visa or AOS?! Please help us..

[Jan&Rich 0]

My wife been here in the united states since she was 3 yr. old. She got here through her dad petition I believe its K2. Parents got separated and they don't continue her paper work here. She now have a baby from previous relationship and was born here in the US. I am a US citizen and would want my wife to stay here in the US legally. Should I file here a K3 or just AOS.

I wouldn't go for a lawyer if I can get a help here.. Please help! Lawyer is way expensive..

[YuAndDan 153]

AOS is NOT an option, AOS needs to be filed based on parent (K-1) marriage to the petitioner person who filed the I-129F for her mother (K-1). This did not happen so she now is in a very long overstay, one that will result in a 10 year bar if she leaves the USA.

In any case consider CR-1 BEFORE considering the K-3. In either case an interview will need to happen at the consulate in home country, and a waiver will need to be filed to overcome the bar.

CR-1 takes just as long to process as the K-3. CR-1 is an IMMIGRANT visa so results in a green-card upon entry to the USA, K-3 DOES NOT, and requires AOS and added costs.

[Jan&Rich 0]

My wife been here in the united states since she was 3 yr. old. She got here through her dad petition I believe its K2. Parents got separated and they don't continue her paper work here. She now have a baby from previous relationship and was born here in the US. I am a US citizen and would want my wife to stay here in the US legally. Should I file here a K3 or just AOS.

I wouldn't go for a lawyer if I can get a help here.. Please help! Lawyer is way expensive..

So you're saying that she's going back in the Philippines. I've been posting to different forums and everybody seems to have different comment. Only 2 people had answer the same question. It's soo confusing.!!!!.. I don't want her back in her country, she doesn't know anybody there since she's been here for 20 years.

[Dakine 26]

My wife been here in the united states since she was 3 yr. old. She got here through her dad petition I believe its K2. Parents got separated and they don't continue her paper work here. She now have a baby from previous relationship and was born here in the US. I am a US citizen and would want my wife to stay here in the US legally. Should I file here a K3 or just AOS.

I wouldn't go for a lawyer if I can get a help here.. Please help! Lawyer is way expensive..

Did her dad adjust status and get her GC and then remove condition or is dad illegal?

Edited March 12, 2009 by Haole

[Jan&Rich 0]

My wife been here in the united states since she was 3 yr. old. She got here through her dad petition I believe its K2. Parents got separated and they don't continue her paper work here. She now have a baby from previous relationship and was born here in the US. I am a US citizen and would want my wife to stay here in the US legally. Should I file here a K3 or just AOS.

I wouldn't go for a lawyer if I can get a help here.. Please help! Lawyer is way expensive..

So you're saying that she's going back in the Philippines. I've been posting to different forums and everybody seems to have different comment. Only 2 people had answer the same question. It's soo confusing.!!!!.. I don't want her back in her country, she doesn't know anybody there since she's been here for 20 years.

[Jan&Rich 0]

My wife been here in the united states since she was 3 yr. old. She got here through her dad petition I believe its K2. Parents got separated and they don't continue her paper work here. She now have a baby from previous relationship and was born here in the US. I am a US citizen and would want my wife to stay here in the US legally. Should I file here a K3 or just AOS.

I wouldn't go for a lawyer if I can get a help here.. Please help! Lawyer is way expensive..

Did her dad adjust status and get her GC and then remove condition or is dad illegal?

Her Dad is legal here, his families are all here in the US. Dad petition her mom and her but stop since they got divorce.

[YuAndDan 153]

My wife been here in the united states since she was 3 yr. old. She got here through her dad petition I believe its K2. Parents got separated and they don't continue her paper work here. She now have a baby from previous relationship and was born here in the US. I am a US citizen and would want my wife to stay here in the US legally. Should I file here a K3 or just AOS.

I wouldn't go for a lawyer if I can get a help here.. Please help! Lawyer is way expensive..

So you're saying that she's going back in the Philippines. I've been posting to different forums and everybody seems to have different comment. Only 2 people had answer the same question. It's soo confusing.!!!!.. I don't want her back in her country, she doesn't know anybody there since she's been here for 20 years.

This is the problem, A K-2 can ONLY adjust status based on their parent's MARRIAGE to the person who filed for the K-1 visa. K-2 cannot adjust status unless the K-1 (Parent satisfies the requirements of the original K-1 (Marriage to petitioner).

Your wife (K-2) is living in the USA illegally, and there is NO way to adjust status.

[BermyCat 1]

If, as you say, you are getting many different opinions from many different people, you're probably best off going to a good immigration lawyer. It seems like you and your wife's situation quite complex and you could benefit from professional advice.

Good luck,

Catherine

[cl_dj 0]

If, as you say, you are getting many different opinions from many different people, you're probably best off going to a good immigration lawyer. It seems like you and your wife's situation quite complex and you could benefit from professional advice.

Good luck,

Catherine

Not sure but if got here through a K2 visa and parents divorce. I wonder if her mom is the same situation as hers. If mom is married to other now and have done paper work then maybe ask. But I believe you can apply for K3 visa and not needing to go back to Philippines mainly that she has a child that is born here.

[YuAndDan 153]

Her Dad is legal here, his families are all here in the US. Dad petition her mom and her but stop since they got divorce.

Is father her biological father, and is he listed as her father on her birth cert???

If so the birth should have been listed abroad at the US consulate for US Citizenship, if not, and she came here as a NON-Immigrant, this will be a problem.

Again this is something for a good immigrations lawyer to look at, and sort out.