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Scott2016

file for Adjust of status

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Hi,

my wife got a k3 visa again for the second time to come to United States, Now she is afraid to file for adjust of status I-485, because she overstay here K3 visa in the past, is she is going to be denied to adjust here status to get here green card ?

I am a USC

please help

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Thread is moved from Introducing Our Members to the Adjustment of Status/Family-Based Visas main forum, to be among similar threads.

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Hi,

my wife got a k3 visa again for the second time to come to United States, Now she is afraid to file for adjust of status I-485, because she overstay here K3 visa in the past, is she is going to be denied to adjust here status to get here green card ?

I am a USC

please help

I don't understand... From what I read the K3 is for a spouse to stay while immigrant visa petition is pending.... after which they are supposed to file for AOS.. So in fact the only way for her to again obtain legal status while in country would be through AOS. Spouses are generally forgiven visa overstay as long as they entered legally which she did since she was issued a visa.

disclaimer: not a spousal visa expert ;)

Edited by Suss&Camm

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I don't understand... From what I read the K3 is for a spouse to stay while immigrant visa petition is pending.... after which they are supposed to file for AOS.. So in fact the only way for her to again obtain legal status while in country would be through AOS. Spouses are generally forgiven visa overstay as long as they entered legally which she did since she was issued a visa.

disclaimer: not a spousal visa expert ;)

Correct. The process now is to file for AOS. The question is if the previous overstay would be an issue. AFAIK, she's eligible to apply. I don't think the overstay would be an issue at this point since 1) she was approved for the second K3 with it, and 2) as an IR, overstays are generally ignored. I just don't know for sure if they could be used at all against her in the process or if it's completely ignored.

Either way, the next step is to file for AOS. Well, that or leave the US. XD Overstaying another visa is just asking for trouble all around.

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Correct. The process now is to file for AOS. The question is if the previous overstay would be an issue. AFAIK, she's eligible to apply. I don't think the overstay would be an issue at this point since 1) she was approved for the second K3 with it, and 2) as an IR, overstays are generally ignored. I just don't know for sure if they could be used at all against her in the process or if it's completely ignored.

Either way, the next step is to file for AOS. Well, that or leave the US. XD Overstaying another visa is just asking for trouble all around.

Yes lol

Well I read on a immigration lawyer site that what could happen has to do with only if AOS is NOT applied for. In which case she could be removed for not having any intent of filing. But yes, she was issued another K3 I can't see that this would be an issue. The AOS is about proving a real marriage and intent to legally immigrate after all. :)

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