tourist visa to k3?

[shamgod 0]

I'm a US Citizen married for 7 years to a Filipino. We

're in the states right now on a tourist Visa. What

is the easiest way to adjust her status so she can work? k3 visa?

Does it make any difference that she's already IN the states as a visitor?

B

[mmb 0]

A tourist visa is issued to people whose intent is to visit the USA, to adjust status and to remain, you and your wife would have to prove you she did not have immigrant intent when she came into the country. This would be very difficult to prove. To apply for a K-3 she would have to return to the Phillipines during the process and wait for her interview there.

[payxibka 10,045]

I'm a US Citizen married for 7 years to a Filipino. We

're in the states right now on a tourist Visa. What

is the easiest way to adjust her status so she can work? k3 visa?

Does it make any difference that she's already IN the states as a visitor?

B

Under what circumstances did she receive her tourist visa? Since she is your wife then you must have had to overcome the intent to immigrate. How was that explained?

K-3 will require a visit home for consular processing. If you are determined to remain here without returning home then you will need to apply to adjust her status. You may require assistance from legal representation however in order to determine any pitfalls and complexities of your case.

[aussiewench 9]

shamgod

I would strongly suggest a consult with a competent immigration attorney regarding your options. You may be surprised with what is suggested.

All the best to you.

Lorelle

[shamgod 0]

I'm a US Citizen married for 7 years to a Filipino. We

're in the states right now on a tourist Visa. What

is the easiest way to adjust her status so she can work? k3 visa?

Does it make any difference that she's already IN the states as a visitor?

B

Under what circumstances did she receive her tourist visa? Since she is your wife then you must have had to overcome the intent to immigrate. How was that explained?

K-3 will require a visit home for consular processing. If you are determined to remain here without returning home then you will need to apply to adjust her status. You may require assistance from legal representation however in order to determine any pitfalls and complexities of your case.

She's made several previous trips to the states and was originally given a tourist visa because I was permanent resident of the Philippines. (btw, despite what many say,including embassies , this is one of the best/easiest ways to get a tourist visa for those from developing countries.)

Thanks for all the replies, i'm surprised it's so hard to find a reply for this, i'd think it was a common procedure--people do change their minds about things. We came to the states and had to enroll our kid because it was an extended visit, turns out we like the school so much and for his sake want to stay indefinitly.

b

[shamgod 0]

A tourist visa is issued to people whose intent is to visit the USA, to adjust status and to remain, you and your wife would have to prove you she did not have immigrant intent when she came into the country. This would be very difficult to prove. To apply for a K-3 she would have to return to the Phillipines during the process and wait for her interview there.

I think this would be impossible to prove. I can't think of any way. I don't see how it's possible to prove a thought or emotion did NOT exist at a given point in time.

[kitkat1 5]

A tourist visa is issued to people whose intent is to visit the USA, to adjust status and to remain, you and your wife would have to prove you she did not have immigrant intent when she came into the country. This would be very difficult to prove. To apply for a K-3 she would have to return to the Phillipines during the process and wait for her interview there.

I think this would be impossible to prove. I can't think of any way. I don't see how it's possible to prove a thought or emotion did NOT exist at a given point in time.

Proof includes things like - were all of her household belongings packed up? Did she have a job/home/personal business that normally would have required her to return there (and how might she get everything wrapped up if she intends to stay here now?) Like Lorelle said, best to speak to a qualified attorney to get solid advice are the best way to handle and avoid any potential problems with AOS.

[shamgod 0]

Here's an interesting post that seems to say a person here on a tourist visa can simply stay here and have their status adjusted to resident.

;;;;;;;;;;;;;;;;;;;;;

just finished applying for permanent residency by AOS after I came to the United States to visit and got married while here. The first thing my husband and I did was consult a lawyer, and because I was legally in the country (as I assume your friend is) but as a visitor in my case, he said that I could just adjust my status and not worry about applying via the k3 process. He instructed me to make sure that I did NOT leave the country for ANY reason, or I would be denied re entry before my petition was completed (unless I qualified for advanced parole, but he did not recommend applying for it unless for a life or death reason)

The AOS procedure is the same as the one the you went through, except she doesn't need to apply for a K3. Some say it takes less time to apply for the K3, but we filed our application on February 26, 2006 and I just completed my interview and was approved on June 6, 2006.

Now, I'm not sure if I got anywhere faster because I hired a lawyer to file the paperwork, but at least we didn't need to worry that paperwork would be incorrect. My lawyer was excellent, and the cost to have him to the paperwork was only 750.00, not including the filing fees of about 765.00

If your friend wants a free consulation with him, he will personally talk with them and not charge for the initial discussion, whether or not they hire his services.

[riblet 0]

We all know that it's possible and happens all the time.

What people are trying to advise you (not to put words in anyone's mouth) is that the USCIS may be suspicious of your wife's intentions and you may be asked to show proof that she did not in fact completely finalize all of her business at home before coming to the U.S. with the intent to stay in the U.S.

It probably would make sense to at least have a consultation with an attorney to go over the details of your situation.

Good luck!

[shamgod 0]

We all know that it's possible and happens all the time.

What people are trying to advise you (not to put words in anyone's mouth) is that the USCIS may be suspicious of your wife's intentions and you may be asked to show proof that she did not in fact completely finalize all of her business at home before coming to the U.S. with the intent to stay in the U.S.

It probably would make sense to at least have a consultation with an attorney to go over the details of your situation.

Good luck!

Man, does she ever have loose ends back in the Philippines. Unfortunately, if we proceed with an AOS, at least according to what I've read so far, she will have to stay in the states.

[payxibka 10,045]

Man, does she ever have loose ends back in the Philippines. Unfortunately, if we proceed with an AOS, at least according to what I've read so far, she will have to stay in the states.

K-3 will require a visit home for an interview and final processing

AOS will require she not leave the US until completed

[nathmc31 0]

I'm a US Citizen married for 7 years to a Filipino. We

're in the states right now on a tourist Visa. What

is the easiest way to adjust her status so she can work? k3 visa?

Does it make any difference that she's already IN the states as a visitor?

B

By law she can remain, however

I think that you will find that she will need to return home to complete the K3 processing.

The reason people remain here to adjust status based on marriage is the fact that their marriage took place after entering the US on a tourist visa. ITS ALL ABOUT INTENT TO IMMIGRATE!!!!!!

You stated that you have been married 7 years. It is impossible to prove that you intention wasnt to immigrate. I would be suprised if anyone could provide me with a link showing some one who was in your shoes and successfully AOS after entering on a tourist visa.

If im wrong then I im wrong. but im sure that the only way to AOS after entry on a tourist visa is if you get married AFTER entering, because of proving no immigrant intent.

Edited December 23, 2006 by nathmc31

[aussiewench 9]

I'm a US Citizen married for 7 years to a Filipino. We

're in the states right now on a tourist Visa. What

is the easiest way to adjust her status so she can work? k3 visa?

Does it make any difference that she's already IN the states as a visitor?

B

By law she can remain, however

I think that you will find that she will need to return home to complete the K3 processing.

The reason people remain here to adjust status based on marriage is the fact that their marriage took place after entering the US on a tourist visa. ITS ALL ABOUT INTENT TO IMMIGRATE!!!!!!

You stated that you have been married 7 years. It is impossible to prove that you intention wasnt to immigrate. I would be suprised if anyone could provide me with a link showing some one who was in your shoes and successfully AOS after entering on a tourist visa.

If im wrong then I im wrong. but im sure that the only way to AOS after entry on a tourist visa is if you get married AFTER entering, because of proving no immigrant intent.

Yep you are wrong If one is granted entry and is otherwise eligible, one can apply to adjust status. I have posted links to this many times for anyone that does a search.

What is IMPORTANT is to seek consultation with an experienced immigration attorney who will be able to advise based on individual circumstances.

[nathmc31 0]

Yep you are wrong If one is granted entry and is otherwise eligible, one can apply to adjust status. I have posted links to this many times for anyone that does a search.

What is IMPORTANT is to seek consultation with an experienced immigration attorney who will be able to advise based on individual circumstances.

READ WHAT I WROTE

(By law she can remain, however)

I didnt say it was illegal. What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

Edited December 23, 2006 by nathmc31

[shamgod 0]

Yep you are wrong If one is granted entry and is otherwise eligible, one can apply to adjust status. I have posted links to this many times for anyone that does a search.

I didnt say it was illegal. What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

When people enter the US is there a presumption that they intend to immigrate and would my wife be obligated to overcome this presumption?

If such a presumption exists, it'd be illogical because if such a presumption exists the alien should not be allowed to enter in the first place.