Enter on K-1. Marry within 90 days. Wait 2 years for AoS

[david_dawei]

considering that people overstay a visa for years.. marry and then can adjust status... seems that someone who gets the visa properly then waits two years should be in a better position.

 

I don't think there is any regulation stating how to handle it.. it most likely falls under 'discretionary' power of the IO... if there is an interview.

 

Certainly, I'm looking forward to hearing about case experience...

[SheLikesME?]

K-3 is a whole different issue than the topic of the thread which is about a K-1 waiting to file AOS.

 

Personally, I think waiting is kinda stupid but the outcome should be the same whether a K-1 or K-3. The biggest difference is a K-3 can come and go but a K-1 is stuck in the US.

Well yes it is different than the topic, but was mentioned earlier. Odd thing is I came to this forum to post and ask this very question for my friend and some strange things being said in the Netherlands.......

 

I almost started a new thread but figured why? Just do it here.

 

Next time I will post anew. Not complaining about lack of K3 info though. Just fewer of us like fewer women on the boards.

[tywy_99]

K3

 

Let me get this strait, if you have a K-3 and delay for 2 years to file for the 10 year green card, that is OK???

 

My question is for a good friend living in Denver on a K3 and waiting to file for the 10 year.

 

 

It may be frowned upon at AOS time - don't do it.

No Way Will I DO It Like That!!!

 

This is what the woman/friend is doing in order to save money. I

couldn't believe it but she studied the rules and jokingly said I must have too much money, since I told her in my case if the CR1/2 package didn't come, I would bring her back from China and file for everything here and forget the CR process. Anyway she is bored and home bound waiting. I guess his home business is not doing so good, but she seems happy. She helps him at home on the net with orders from his web site. She just talks like skipping the 2 year is fine and going strait for the 10 year. They married after I did and got to the states quicker than us, so I figured maybe they know what their doing. I don't know. Maybe I better advise them, but money may be tight for them. Of course she could get out and go to work if she had the permit.

 

Wish her luck, and let us know how it turns out! Yes, she is legal as long as she files before the 2 year visa is up. But the question is how the IO will react at the AOS interview. I don't know that we've heard from anyone who has actually tried it.

I decided to wait on filing AOS so the interview comes after our two-year anniversarry. Wife's EAD was approved last week so she can get a SSN and go to work if she wants.

 

Q..Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.

The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

*********

 

I came across the information above.

It's taking a big chance to delay AOS application. The USCIS will look down on it and possibly deny the green card. They, more than certain, will question your motive.

As it says above, the USCIS is looking for a good faith effort on part of the K3 to obtain residency in the United States.

To punch holes in the intent of the K3 is risky.

I can just imagine the apprehension shortly before going to the AOS appointment!

 

You're treading perilous waters. Good luck.

This above post came from another thread running somewhat parallel and at the same time as this thread.

The above in blue is what I found as far as any repercussions taken against such an act.

 

It's a gutsy move. A move that could very well back-fire. I haven't heard of anyone doing this until now.

I wonder what the odds are? Any bets???

Edited March 11, 2007 by tywy_99 (see edit history)

[david_dawei]

It's a gutsy move. A move that could very well back-fire. I haven't heard of anyone doing this until now.

I wonder what the odds are? Any bets???

I think the original K1 issue is dead.

[tywy_99]

It's a gutsy move. A move that could very well back-fire. I haven't heard of anyone doing this until now.

I wonder what the odds are? Any bets???

I think the original K1 issue is dead.

I was addressing the K3 issue since it was mentioned here.

[dnoblett]

K3

 

Let me get this strait, if you have a K-3 and delay for 2 years to file for the 10 year green card, that is OK???

 

My question is for a good friend living in Denver on a K3 and waiting to file for the 10 year.

K-3 is a different issue, yes you can delay for up to 2 years, because K-3 has a 2 year time limit on it, and allows multiple entries. A K-3 holder will not become out of status for that period of time. This is because the intent of the K-3 was to either enter the USA and wait for the CR-1 or IR-1 visa interview at the consulate, or do the AOS in the USA. Edited March 12, 2007 by dnoblett (see edit history)

[SheLikesME?]

K3

I guess I need a link to the other thread. I thought there was one on K3 but never found it. Must have been sleepy at the time, or I am just used to wading through the K1 stuff in order to getto the K3 and CR info.

 

 

I MSN'd the lady last night about her waiting. I expressed my concerns. She said some of her friends have waited and obtained the 10 year. She says it happens all the time. Says it is her right and nothing tells her she needs to apply for the 2 year. She seems so confident about it. She says in Oct they will have been married 2 years. I am not sure that has anything to do with it though. What I don't know is if she has applied for EAD. I will ask her. She is working at home in her husbands business. I wonder if all is as well as she claims. None of my business though.

 

In my own situation if the CR1/2 does not work out I wonder if I should work on an overcome rather than bring her here and apply for AOS on her K3?

 

PS: We almost did the EAD while she was here, but I guess we both felt that at anytime the CR1/2 package will be received from the NVC. So we took the chance and sure enough the P4 arrived within a few days of her return. I can see what Duke was doing in the above reference. Looks like others out there are doing it too. Wonder if anyone has called or asked the Govt? Wonder if it really does work that way?

 

Thanks tywy_99 for your quotes. I gues that explains some of the fuss I read about in other places but could not find the thread. OK. Interesting.

Edited March 12, 2007 by SheLikesME? (see edit history)