Need expert advice please

[MHS 0]

Hello everyone, I have a complicated issue that I hope someone with knowledge can help me. My husband Hassan was approved for his k3 visa in Kuwait in April. While we were waiting for the I-129 and the I-130 to be approved here in the states his work contract with his job was about to end while we were still waiting for the petitions to be approved.

Hassan is a financial auditor/adviser and his company told him he will need to sign another contract to be able to stay and work with this company so Hassan and I didn't know how much longer it was going to take for him to be approved so he went ahead and signed another contract which wont finish until September 2010. He had to sign another contract with them because it is a really good job and he holds a work visa to be able to stay in Kuwait. It wasnt an option for him to not sign another contract because then he would of had to leave Kuwait since his work visa would no longer be valid.

So now my question is how can we do his AOS? We have been married for 2 years already. I have tried to think of every way we can do his AOS and get his 10 year greencard without him terminating his contract which is not a good thing for someone to do especially in the middle east since almost all jobs have work contracts and if a person ever wanted to change jobs it would reflect badly upon him to a new company, also there is penalties if you leave a contract before it is finished.

I know some people may be thinking, "hey, who cares... he will be leaving Kuwait so why worry?" Well Hassan is not one to take his job lightly, he was raised with strong work ethics and morals and he was always taught to take care of his responsibilites and never leave any debt in his life, and who knows maybe one day we will both want to live in Kuwait and want to persue our lives there. You never know where life will take you and its not a good thing to burn your bridges.

I know since he has a k3 visa it is good for 2 years but he will have to at least enter the states before 6 months to keep his k3 visa. That means he will have to come to visit before October 21st since they issued him his visa on April 21st. I know we can do his AOS before the 2 years is up but even then his contract wont be finished. I know we should of did the IR-1 but i learned about that to late. I also talked to my attorney about it and he said oh no k3 is better which at that time I believed him but now I wished I would of fought harder and told him to tell the NVC to send the I-130 petition to Kuwait instead of the I-129. My advise to anyone who hires an immigration lawyer to do their paperwork, just remember you know what is best for you more than an attorney who is a stranger to you anyways.

I have been so worried about all of this and I dont want our hard work with getting him his visa be a waste. It took to long and so many tears to get to this point to watch it all fall now. I will be visiting Hassan this July for a month and its a month we both need since we have not been able to hold eachother since October of 2006.

If anybody can give me any helpful advise I will be so thankful. Thanks for taking the time to stop and read this, I know this is alot to absorb but just think, this is constantly going through my mind and I can hardly sleep or function because of all the worrying I am doing now.

Take care and god bless.

[pushbrk 12,620]

Hello everyone, I have a complicated issue that I hope someone with knowledge can help me. My husband Hassan was approved for his k3 visa in Kuwait in April. While we were waiting for the I-129 and the I-130 to be approved here in the states his work contract with his job was about to end while we were still waiting for the petitions to be approved.

Hassan is a financial auditor/adviser and his company told him he will need to sign another contract to be able to stay and work with this company so Hassan and I didn't know how much longer it was going to take for him to be approved so he went ahead and signed another contract which wont finish until September 2010. He had to sign another contract with them because it is a really good job and he holds a work visa to be able to stay in Kuwait. It wasnt an option for him to not sign another contract because then he would of had to leave Kuwait since his work visa would no longer be valid.

So now my question is how can we do his AOS? We have been married for 2 years already. I have tried to think of every way we can do his AOS and get his 10 year greencard without him terminating his contract which is not a good thing for someone to do especially in the middle east since almost all jobs have work contracts and if a person ever wanted to change jobs it would reflect badly upon him to a new company, also there is penalties if you leave a contract before it is finished.

I know some people may be thinking, "hey, who cares... he will be leaving Kuwait so why worry?" Well Hassan is not one to take his job lightly, he was raised with strong work ethics and morals and he was always taught to take care of his responsibilites and never leave any debt in his life, and who knows maybe one day we will both want to live in Kuwait and want to persue our lives there. You never know where life will take you and its not a good thing to burn your bridges.

I know since he has a k3 visa it is good for 2 years but he will have to at least enter the states before 6 months to keep his k3 visa. That means he will have to come to visit before October 21st since they issued him his visa on April 21st. I know we can do his AOS before the 2 years is up but even then his contract wont be finished. I know we should of did the IR-1 but i learned about that to late. I also talked to my attorney about it and he said oh no k3 is better which at that time I believed him but now I wished I would of fought harder and told him to tell the NVC to send the I-130 petition to Kuwait instead of the I-129. My advise to anyone who hires an immigration lawyer to do their paperwork, just remember you know what is best for you more than an attorney who is a stranger to you anyways.

I have been so worried about all of this and I dont want our hard work with getting him his visa be a waste. It took to long and so many tears to get to this point to watch it all fall now. I will be visiting Hassan this July for a month and its a month we both need since we have not been able to hold eachother since October of 2006.

If anybody can give me any helpful advise I will be so thankful. Thanks for taking the time to stop and read this, I know this is alot to absorb but just think, this is constantly going through my mind and I can hardly sleep or function because of all the worrying I am doing now.

Take care and god bless.

You are seeing complication where none exists. Hassan has two years in which to enter the USA. Once he enters, you can file AOS. When completed, he'll have the ten year green card. Relax. All is well.

[MHS 0]

Hello everyone, I have a complicated issue that I hope someone with knowledge can help me. My husband Hassan was approved for his k3 visa in Kuwait in April. While we were waiting for the I-129 and the I-130 to be approved here in the states his work contract with his job was about to end while we were still waiting for the petitions to be approved.

Hassan is a financial auditor/adviser and his company told him he will need to sign another contract to be able to stay and work with this company so Hassan and I didn't know how much longer it was going to take for him to be approved so he went ahead and signed another contract which wont finish until September 2010. He had to sign another contract with them because it is a really good job and he holds a work visa to be able to stay in Kuwait. It wasnt an option for him to not sign another contract because then he would of had to leave Kuwait since his work visa would no longer be valid.

So now my question is how can we do his AOS? We have been married for 2 years already. I have tried to think of every way we can do his AOS and get his 10 year greencard without him terminating his contract which is not a good thing for someone to do especially in the middle east since almost all jobs have work contracts and if a person ever wanted to change jobs it would reflect badly upon him to a new company, also there is penalties if you leave a contract before it is finished.

I know some people may be thinking, "hey, who cares... he will be leaving Kuwait so why worry?" Well Hassan is not one to take his job lightly, he was raised with strong work ethics and morals and he was always taught to take care of his responsibilites and never leave any debt in his life, and who knows maybe one day we will both want to live in Kuwait and want to persue our lives there. You never know where life will take you and its not a good thing to burn your bridges.

I know since he has a k3 visa it is good for 2 years but he will have to at least enter the states before 6 months to keep his k3 visa. That means he will have to come to visit before October 21st since they issued him his visa on April 21st. I know we can do his AOS before the 2 years is up but even then his contract wont be finished. I know we should of did the IR-1 but i learned about that to late. I also talked to my attorney about it and he said oh no k3 is better which at that time I believed him but now I wished I would of fought harder and told him to tell the NVC to send the I-130 petition to Kuwait instead of the I-129. My advise to anyone who hires an immigration lawyer to do their paperwork, just remember you know what is best for you more than an attorney who is a stranger to you anyways.

I have been so worried about all of this and I dont want our hard work with getting him his visa be a waste. It took to long and so many tears to get to this point to watch it all fall now. I will be visiting Hassan this July for a month and its a month we both need since we have not been able to hold eachother since October of 2006.

If anybody can give me any helpful advise I will be so thankful. Thanks for taking the time to stop and read this, I know this is alot to absorb but just think, this is constantly going through my mind and I can hardly sleep or function because of all the worrying I am doing now.

Take care and god bless.

You are seeing complication where none exists. Hassan has two years in which to enter the USA. Once he enters, you can file AOS. When completed, he'll have the ten year green card. Relax. All is well.

Thanks pushbrk, you always know how to make me feel better. Am I correct though that he has 6 months to enter before losing his k3 visa?? I know it is good for 2 years but I heard he needs to at least enter the usa in the 6 month time frame or he will lose the visa.

Also will it look bad if once we do file the AOS papers that he goes back to Kuwait to work until we get our AOS interview? My immigration lawyer is always so vague with me, he told me it wouldn't look good if Hassan didn't stay here through the entire AOS process because they want to see that his intentions is to become a permanent resident which he does want that also and maybe one day get his citizenship but were trying to finish out his contract from his job. Thanks again for your time and patience with me pushbrk. I know that I ask to many questions but everytime you give me advise it puts my mind at ease.

[pushbrk 12,620]

Hello everyone, I have a complicated issue that I hope someone with knowledge can help me. My husband Hassan was approved for his k3 visa in Kuwait in April. While we were waiting for the I-129 and the I-130 to be approved here in the states his work contract with his job was about to end while we were still waiting for the petitions to be approved.

Hassan is a financial auditor/adviser and his company told him he will need to sign another contract to be able to stay and work with this company so Hassan and I didn't know how much longer it was going to take for him to be approved so he went ahead and signed another contract which wont finish until September 2010. He had to sign another contract with them because it is a really good job and he holds a work visa to be able to stay in Kuwait. It wasnt an option for him to not sign another contract because then he would of had to leave Kuwait since his work visa would no longer be valid.

So now my question is how can we do his AOS? We have been married for 2 years already. I have tried to think of every way we can do his AOS and get his 10 year greencard without him terminating his contract which is not a good thing for someone to do especially in the middle east since almost all jobs have work contracts and if a person ever wanted to change jobs it would reflect badly upon him to a new company, also there is penalties if you leave a contract before it is finished.

I know some people may be thinking, "hey, who cares... he will be leaving Kuwait so why worry?" Well Hassan is not one to take his job lightly, he was raised with strong work ethics and morals and he was always taught to take care of his responsibilites and never leave any debt in his life, and who knows maybe one day we will both want to live in Kuwait and want to persue our lives there. You never know where life will take you and its not a good thing to burn your bridges.

I know since he has a k3 visa it is good for 2 years but he will have to at least enter the states before 6 months to keep his k3 visa. That means he will have to come to visit before October 21st since they issued him his visa on April 21st. I know we can do his AOS before the 2 years is up but even then his contract wont be finished. I know we should of did the IR-1 but i learned about that to late. I also talked to my attorney about it and he said oh no k3 is better which at that time I believed him but now I wished I would of fought harder and told him to tell the NVC to send the I-130 petition to Kuwait instead of the I-129. My advise to anyone who hires an immigration lawyer to do their paperwork, just remember you know what is best for you more than an attorney who is a stranger to you anyways.

I have been so worried about all of this and I dont want our hard work with getting him his visa be a waste. It took to long and so many tears to get to this point to watch it all fall now. I will be visiting Hassan this July for a month and its a month we both need since we have not been able to hold eachother since October of 2006.

If anybody can give me any helpful advise I will be so thankful. Thanks for taking the time to stop and read this, I know this is alot to absorb but just think, this is constantly going through my mind and I can hardly sleep or function because of all the worrying I am doing now.

Take care and god bless.

You are seeing complication where none exists. Hassan has two years in which to enter the USA. Once he enters, you can file AOS. When completed, he'll have the ten year green card. Relax. All is well.

Thanks pushbrk, you always know how to make me feel better. Am I correct though that he has 6 months to enter before losing his k3 visa?? I know it is good for 2 years but I heard he needs to at least enter the usa in the 6 month time frame or he will lose the visa.

Also will it look bad if once we do file the AOS papers that he goes back to Kuwait to work until we get our AOS interview? My immigration lawyer is always so vague with me, he told me it wouldn't look good if Hassan didn't stay here through the entire AOS process because they want to see that his intentions is to become a permanent resident which he does want that also and maybe one day get his citizenship but were trying to finish out his contract from his job. Thanks again for your time and patience with me pushbrk. I know that I ask to many questions but everytime you give me advise it puts my mind at ease.

See bolded in my post above. No, you are not correct. That was my entire point.

Whether he can get away with going back to work will depend on how long he stays first and how long he goes back. He'll need to at least stay long enough to do biometrics, then I wouldn't leave for more than three months. If all goes well, it won't be that long between biometrics and the interview. Note: It's possible there will be no interview. You'll need to establish some stateside relationship bonafides too, like joint bank account and getting him on at least a utility bill or two, maybe a lease if you have one.

[MHS 0]

Hello everyone, I have a complicated issue that I hope someone with knowledge can help me. My husband Hassan was approved for his k3 visa in Kuwait in April. While we were waiting for the I-129 and the I-130 to be approved here in the states his work contract with his job was about to end while we were still waiting for the petitions to be approved.

Hassan is a financial auditor/adviser and his company told him he will need to sign another contract to be able to stay and work with this company so Hassan and I didn't know how much longer it was going to take for him to be approved so he went ahead and signed another contract which wont finish until September 2010. He had to sign another contract with them because it is a really good job and he holds a work visa to be able to stay in Kuwait. It wasnt an option for him to not sign another contract because then he would of had to leave Kuwait since his work visa would no longer be valid.

So now my question is how can we do his AOS? We have been married for 2 years already. I have tried to think of every way we can do his AOS and get his 10 year greencard without him terminating his contract which is not a good thing for someone to do especially in the middle east since almost all jobs have work contracts and if a person ever wanted to change jobs it would reflect badly upon him to a new company, also there is penalties if you leave a contract before it is finished.

I know some people may be thinking, "hey, who cares... he will be leaving Kuwait so why worry?" Well Hassan is not one to take his job lightly, he was raised with strong work ethics and morals and he was always taught to take care of his responsibilites and never leave any debt in his life, and who knows maybe one day we will both want to live in Kuwait and want to persue our lives there. You never know where life will take you and its not a good thing to burn your bridges.

I know since he has a k3 visa it is good for 2 years but he will have to at least enter the states before 6 months to keep his k3 visa. That means he will have to come to visit before October 21st since they issued him his visa on April 21st. I know we can do his AOS before the 2 years is up but even then his contract wont be finished. I know we should of did the IR-1 but i learned about that to late. I also talked to my attorney about it and he said oh no k3 is better which at that time I believed him but now I wished I would of fought harder and told him to tell the NVC to send the I-130 petition to Kuwait instead of the I-129. My advise to anyone who hires an immigration lawyer to do their paperwork, just remember you know what is best for you more than an attorney who is a stranger to you anyways.

I have been so worried about all of this and I dont want our hard work with getting him his visa be a waste. It took to long and so many tears to get to this point to watch it all fall now. I will be visiting Hassan this July for a month and its a month we both need since we have not been able to hold eachother since October of 2006.

If anybody can give me any helpful advise I will be so thankful. Thanks for taking the time to stop and read this, I know this is alot to absorb but just think, this is constantly going through my mind and I can hardly sleep or function because of all the worrying I am doing now.

Take care and god bless.

You are seeing complication where none exists. Hassan has two years in which to enter the USA. Once he enters, you can file AOS. When completed, he'll have the ten year green card. Relax. All is well.

Thanks pushbrk, you always know how to make me feel better. Am I correct though that he has 6 months to enter before losing his k3 visa?? I know it is good for 2 years but I heard he needs to at least enter the usa in the 6 month time frame or he will lose the visa.

Also will it look bad if once we do file the AOS papers that he goes back to Kuwait to work until we get our AOS interview? My immigration lawyer is always so vague with me, he told me it wouldn't look good if Hassan didn't stay here through the entire AOS process because they want to see that his intentions is to become a permanent resident which he does want that also and maybe one day get his citizenship but were trying to finish out his contract from his job. Thanks again for your time and patience with me pushbrk. I know that I ask to many questions but everytime you give me advise it puts my mind at ease.

See bolded in my post above. No, you are not correct. That was my entire point.

Whether he can get away with going back to work will depend on how long he stays first and how long he goes back. He'll need to at least stay long enough to do biometrics, then I wouldn't leave for more than three months. If all goes well, it won't be that long between biometrics and the interview. Note: It's possible there will be no interview. You'll need to establish some stateside relationship bonafides too, like joint bank account and getting him on at least a utility bill or two, maybe a lease if you have one.

Thanks again for answering me pushbrk. I thought you meant after he enters at the 6 month mark we have 2 years to file for the AOS, now I understand that once again my attorney is wrong and that there is not a 6 month limitation or hassan loses his visa. Just think I have paid this attorney for giving me wrong information at numerous times. I think I have had enough with him and I will just do the AOS paperwork myself. Now Hassan and I don't have to feel rushed on getting him here by October or his k3 visa will be no longer valid. Thank you so much for taking time out to help me on this issue. God bless you.

[pushbrk 12,620]

You can double check here.

http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html

There are exceptions to the two-years and I don't know Hassan's country of citizenship. So check using his country of citizenship and see if it doesn't show 24 months.

The K1 and CR1 visas do need to be used within six months of issue. This is a common misunderstanding.

He has two years to enter and then his status as K3 is good for two years from entry. Unlike the K1, the K3 status can be extended past the two years from entry if needed but he must enter within two years.

[MHS 0]

You can double check here.

http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html

There are exceptions to the two-years and I don't know Hassan's country of citizenship. So check using his country of citizenship and see if it doesn't show 24 months.

The K1 and CR1 visas do need to be used within six months of issue. This is a common misunderstanding.

He has two years to enter and then his status as K3 is good for two years from entry. Unlike the K1, the K3 status can be extended past the two years from entry if needed but he must enter within two years.

Thanks again pushbrk, his citizenship is from Jordan and it does show 24 months. I feel so much relief now thanks to you.

[ELW 5]

I would think the AOS should be complete before the 2 years K3 visa has expired, then he can travel on the green card, right? I mean if the K3 expires before the AOS process is complete, he should not leave USA, is that right? I'm not sure about all the K3 rules though.

For instance, say if he comes to USA within 1.5 years, then leaves again for his job after filing for AOS. If he is lucky, he will get the AOS approval within 6 months (if he is lucky, without an interview). He can return to USA to get the green card then return to his job, traveling on the green card (by that time, the 2-year K3 visa will be expired).

I would think the best thing is to come to USA and file for AOS within a year, so the AOS will be granted and he can travel freely without K3 visa expire concerns, till the end of his present job contract.

Edit: Oh, I did not see in time, that his K3 status is good for two years from entry. Then, there is no rush to come!

Edited June 14, 2008 by ELW