Confusion

[Kayla and Ryan 0]

Here's the lowdown -

My UK boyfriend came over for a visit under the VWP, with a return date two weeks later, a job and bank account in the UK, etc. We decided to get married, and afterwards we filed for a K-3. We have sent the I-130 and received the notification of action. We have also sent the I-129F, and received the first NOA for that one.

Our confusion arises because his Visa Waiver expires on February 11th, but we do not know whether he is able to stay in the US while awaiting for the K3 as it is an adjustment of status, or whether we have done something wrong.

Can somebody give us any insight as to what we do? Our options? And whether the K3 petition is an AOS, who we contact to notify them, or whether an AOS is a completely separate matter.

[Brian&Mel 0]

Here's the lowdown -

My UK boyfriend came over for a visit under the VWP, with a return date two weeks later, a job and bank account in the UK, etc. We decided to get married, and afterwards we filed for a K-3. We have sent the I-130 and received the notification of action. We have also sent the I-129F, and received the first NOA for that one.

Our confusion arises because his Visa Waiver expires on February 11th, but we do not know whether he is able to stay in the US while awaiting for the K3 as it is an adjustment of status, or whether we have done something wrong.

Can somebody give us any insight as to what we do? Our options? And whether the K3 petition is an AOS, who we contact to notify them, or whether an AOS is a completely separate matter.

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

[Kayla and Ryan 0]

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

Thank you for the swift reply.

So the K3 is not an AOS? I was wondering because I read he is able to stay with me in the USA while waiting for an adjustment of status if said adjustment is filed within 90 days. I also read that marriage is the only exception to the "no AOS" policy of the Visa waiver, so long as he came without the intention to marry.

I'd rather him be staying with me and waiting then returning to the UK, as it's money that we can ill afford.

[pushbrk 12,096]

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

Thank you for the swift reply.

So the K3 is not an AOS? I was wondering because I read he is able to stay with me in the USA while waiting for an adjustment of status if said adjustment is filed within 90 days. I also read that marriage is the only exception to the "no AOS" policy of the Visa waiver, so long as he came without the intention to marry.

I'd rather him be staying with me and waiting then returning to the UK, as it's money that we can ill afford.

Unfortunately you've become severely confused about a number of things. A K3 visa does allow him to remain in the USA while adjusting status but he doesn't HAVE a K3 visa. You've only just now petitioned for his privilege of applying for one in London a few months from now. He absolutely must not overstay his granted stay.

What you needed to do has nothing to do with a visa but it's too late now. I don't see a way to put the baby back in.

[Kayla and Ryan 0]

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

Thank you for the swift reply.

So the K3 is not an AOS? I was wondering because I read he is able to stay with me in the USA while waiting for an adjustment of status if said adjustment is filed within 90 days. I also read that marriage is the only exception to the "no AOS" policy of the Visa waiver, so long as he came without the intention to marry.

I'd rather him be staying with me and waiting then returning to the UK, as it's money that we can ill afford.

Unfortunately you've become severely confused about a number of things. A K3 visa does allow him to remain in the USA while adjusting status but he doesn't HAVE a K3 visa. You've only just now petitioned for his privilege of applying for one in London a few months from now. He absolutely must not overstay his granted stay.

What you needed to do has nothing to do with a visa but it's too late now. I don't see a way to put the baby back in.

I see where we went wrong now. It's just that the system is confusing when we've never had to touch upon it.

So there isn't a way for us to cancel the visa petition and apply for an AOS? Even if we lose the money for the K3. A few hundred is less than having to pay for continual flights back and forth from the US to the UK and vice versa when we've just started a move to FL.

[Beantownbabe 1]

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

Thank you for the swift reply.

So the K3 is not an AOS? I was wondering because I read he is able to stay with me in the USA while waiting for an adjustment of status if said adjustment is filed within 90 days. I also read that marriage is the only exception to the "no AOS" policy of the Visa waiver, so long as he came without the intention to marry.

I'd rather him be staying with me and waiting then returning to the UK, as it's money that we can ill afford.

This process is confusing to alot of people! In terms of the VWP - I notice that a couple of times you mention "no intent." That leads me to believe the confusion lies with the fact that if someone enters via VWP with NO INTENT to marry, then they are able to remain and adjust their status to that of a Permanent resident, should they decide to get married while here. The I-130 would then be filed for the now-relative, making a visa immediately available. No K-3 would be needed in this case. You have filed a K-3 petition, so I am assuming he needs to go back home and continue the process there. There will be more, insightful responses from very informed people, which I hope will lessen your confusion...

[Kayla and Ryan 0]

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

Thank you for the swift reply.

So the K3 is not an AOS? I was wondering because I read he is able to stay with me in the USA while waiting for an adjustment of status if said adjustment is filed within 90 days. I also read that marriage is the only exception to the "no AOS" policy of the Visa waiver, so long as he came without the intention to marry.

I'd rather him be staying with me and waiting then returning to the UK, as it's money that we can ill afford.

This process is confusing to alot of people! In terms of the VWP - I notice that a couple of times you mention "no intent." That leads me to believe the confusion lies with the fact that if someone enters via VWP with NO INTENT to marry, then they are able to remain and adjust their status to that of a Permanent resident, should they decide to get married while here. The I-130 would then be filed for the now-relative, making a visa immediately available. No K-3 would be needed in this case. You have filed a K-3 petition, so I am assuming he needs to go back home and continue the process there. There will be more, insightful responses from very informed people, which I hope will lessen your confusion...

Thank you Bean. The problem is we're going down to FLorida on the sixteenth, I start a new job on the nineteenth, so we thought we'd wait out the process, thinking the K3 was an adjustment of status. Now it means another plane ticket to get him back to England, and months of loneliness, which is something we wished to avoid by applying for the K3 we assumed was an AOS while he was over here.

NOw the question is just whether we are able to cancel them and file for an AOS as a last hope or not... SIgh

[pushbrk 12,096]

Your BF can leave the country when his VW expires. The K3 petition is not an AOS as he will be in UK while waiting for the immigrant visa to come through.

I visited my husband in December, we got married, sent it the I-130 and I leave US by end of January. And I was in KL waiting for the process to take place.

Thank you for the swift reply.

So the K3 is not an AOS? I was wondering because I read he is able to stay with me in the USA while waiting for an adjustment of status if said adjustment is filed within 90 days. I also read that marriage is the only exception to the "no AOS" policy of the Visa waiver, so long as he came without the intention to marry.

I'd rather him be staying with me and waiting then returning to the UK, as it's money that we can ill afford.

This process is confusing to alot of people! In terms of the VWP - I notice that a couple of times you mention "no intent." That leads me to believe the confusion lies with the fact that if someone enters via VWP with NO INTENT to marry, then they are able to remain and adjust their status to that of a Permanent resident, should they decide to get married while here. The I-130 would then be filed for the now-relative, making a visa immediately available. No K-3 would be needed in this case. You have filed a K-3 petition, so I am assuming he needs to go back home and continue the process there. There will be more, insightful responses from very informed people, which I hope will lessen your confusion...

Thank you Bean. The problem is we're going down to FLorida on the sixteenth, I start a new job on the nineteenth, so we thought we'd wait out the process, thinking the K3 was an adjustment of status. Now it means another plane ticket to get him back to England, and months of loneliness, which is something we wished to avoid by applying for the K3 we assumed was an AOS while he was over here.

NOw the question is just whether we are able to cancel them and file for an AOS as a last hope or not... SIgh

Your spouse has not permission to reside in the USA. See a qualified immigration attorney before you consider withdrawing petitions but I think doing so will open a can of very distasteful worms for you to digest.

It's unfortunate, but you acted without getting the correct understanding in advance.

[Aubrey 10]

Perhaps a good immigration lawyer could help?

[Mus 0]

Hi, first of all i'd like to say sorry that you're having such a hard time with this process. I understand this process can be very complicated and confusing. I myself made mistake with my wife's immigration.

I intially applied for a k1 visa, then i got married in the UK to my british wife. I am a USC by the way. Without knowing, my wife and I came back on a VWP for her. We didn't know anything about the complications of traveling on a VWP. Anyways, after calling the USCIS i found out that my K1 visa is no longer valid and will need to apply for a K3 according to the telephone personnel at USCIS. So I did that, in the meanwhile, my wife's three month status was expiring, so she went back to the UK.

Well, when she was back in the UK, I found out that it would take many months to complete the K3 process. My wife and I were not happy with this. So I told her to come back to the states, we now know the risks of travelling on a VWP. We did anways, we were prepared to show documents that she still has a job in the UK, but had taken a year sabitical. The POE officer did not ask any questions, but had to be taken to secondary questioning because a problem with the finger printing i think.

Well, she made is back to the states. And then we made an appointment to ask about the status of our K3 petition. The lady said, well if she's here, why don't you apply for an AOS. And finally, at this time we learned about the AOS. We then filed the AOS 60 days after she came back... and all went smoothly. 7 months later, she has her green card and everything is clear and we didn't hide anything.

The point is, if your intent to come on the VWP was valid, and your BF intended to leave, then he entered LEGALLY. You would have to have documents that your BF was going back, ie. work, school, etc i would think. I would suggest, go ahead and file the AOS... and just disregard the K3 from now. I disregarded my K1 and K3 petitions and the immigration officer at the green card interviewer didn't even ask or probably didn't even know about it.

We were stressing that they might catch us in fraud, but we know we didn't do any fraud, we were just stupid..haha. We are all human and we make mistakes, just make an appointment with Infopass and tell them your situation ( as we did) and see what they say.

Good luck to you!

[Kayla and Ryan 0]

Hi, first of all i'd like to say sorry that you're having such a hard time with this process. I understand this process can be very complicated and confusing. I myself made mistake with my wife's immigration.

I intially applied for a k1 visa, then i got married in the UK to my british wife. I am a USC by the way. Without knowing, my wife and I came back on a VWP for her. We didn't know anything about the complications of traveling on a VWP. Anyways, after calling the USCIS i found out that my K1 visa is no longer valid and will need to apply for a K3 according to the telephone personnel at USCIS. So I did that, in the meanwhile, my wife's three month status was expiring, so she went back to the UK.

Well, when she was back in the UK, I found out that it would take many months to complete the K3 process. My wife and I were not happy with this. So I told her to come back to the states, we now know the risks of travelling on a VWP. We did anways, we were prepared to show documents that she still has a job in the UK, but had taken a year sabitical. The POE officer did not ask any questions, but had to be taken to secondary questioning because a problem with the finger printing i think.

Well, she made is back to the states. And then we made an appointment to ask about the status of our K3 petition. The lady said, well if she's here, why don't you apply for an AOS. And finally, at this time we learned about the AOS. We then filed the AOS 60 days after she came back... and all went smoothly. 7 months later, she has her green card and everything is clear and we didn't hide anything.

The point is, if your intent to come on the VWP was valid, and your BF intended to leave, then he entered LEGALLY. You would have to have documents that your BF was going back, ie. work, school, etc i would think. I would suggest, go ahead and file the AOS... and just disregard the K3 from now. I disregarded my K1 and K3 petitions and the immigration officer at the green card interviewer didn't even ask or probably didn't even know about it.

We were stressing that they might catch us in fraud, but we know we didn't do any fraud, we were just stupid..haha. We are all human and we make mistakes, just make an appointment with Infopass and tell them your situation ( as we did) and see what they say.

Good luck to you!

Thank you for all the helpful info. We set up an interview through Infopass and I hope it goes well. With that said, I have another question :/

With about a month before his VWP expires, if indeed we do file the AOS form and receive a NOA on this will that able him to stay in the States while waiting for his Green Card?

[alexpapa 4]

Hi, first of all i'd like to say sorry that you're having such a hard time with this process. I understand this process can be very complicated and confusing. I myself made mistake with my wife's immigration.

I intially applied for a k1 visa, then i got married in the UK to my british wife. I am a USC by the way. Without knowing, my wife and I came back on a VWP for her. We didn't know anything about the complications of traveling on a VWP. Anyways, after calling the USCIS i found out that my K1 visa is no longer valid and will need to apply for a K3 according to the telephone personnel at USCIS. So I did that, in the meanwhile, my wife's three month status was expiring, so she went back to the UK.

Well, when she was back in the UK, I found out that it would take many months to complete the K3 process. My wife and I were not happy with this. So I told her to come back to the states, we now know the risks of travelling on a VWP. We did anways, we were prepared to show documents that she still has a job in the UK, but had taken a year sabitical. The POE officer did not ask any questions, but had to be taken to secondary questioning because a problem with the finger printing i think.

Well, she made is back to the states. And then we made an appointment to ask about the status of our K3 petition. The lady said, well if she's here, why don't you apply for an AOS. And finally, at this time we learned about the AOS. We then filed the AOS 60 days after she came back... and all went smoothly. 7 months later, she has her green card and everything is clear and we didn't hide anything.

The point is, if your intent to come on the VWP was valid, and your BF intended to leave, then he entered LEGALLY. You would have to have documents that your BF was going back, ie. work, school, etc i would think. I would suggest, go ahead and file the AOS... and just disregard the K3 from now. I disregarded my K1 and K3 petitions and the immigration officer at the green card interviewer didn't even ask or probably didn't even know about it.

We were stressing that they might catch us in fraud, but we know we didn't do any fraud, we were just stupid..haha. We are all human and we make mistakes, just make an appointment with Infopass and tell them your situation ( as we did) and see what they say.

Good luck to you!

Thank you for all the helpful info. We set up an interview through Infopass and I hope it goes well. With that said, I have another question :/

With about a month before his VWP expires, if indeed we do file the AOS form and receive a NOA on this will that able him to stay in the States while waiting for his Green Card?

This is very complicated, you will essentially have two applications out there at the same time, a K3 and an AOS - I have absolutely no answer for you on this one, I suspect that most run of the mill attorneys will always struggle - you need to talk to a competent attorney who deals with this type of thing. As knowledgeable as most people are on VJ having gone through the process themselves, are you really willing to wait for that one answer which makes you feel like you have made the decision or find legal counsel and make sure you don't start getting yourself into trouble and really cause concerns for your future?

[Kayla and Ryan 0]

Hi, first of all i'd like to say sorry that you're having such a hard time with this process. I understand this process can be very complicated and confusing. I myself made mistake with my wife's immigration.

I intially applied for a k1 visa, then i got married in the UK to my british wife. I am a USC by the way. Without knowing, my wife and I came back on a VWP for her. We didn't know anything about the complications of traveling on a VWP. Anyways, after calling the USCIS i found out that my K1 visa is no longer valid and will need to apply for a K3 according to the telephone personnel at USCIS. So I did that, in the meanwhile, my wife's three month status was expiring, so she went back to the UK.

Well, when she was back in the UK, I found out that it would take many months to complete the K3 process. My wife and I were not happy with this. So I told her to come back to the states, we now know the risks of travelling on a VWP. We did anways, we were prepared to show documents that she still has a job in the UK, but had taken a year sabitical. The POE officer did not ask any questions, but had to be taken to secondary questioning because a problem with the finger printing i think.

Well, she made is back to the states. And then we made an appointment to ask about the status of our K3 petition. The lady said, well if she's here, why don't you apply for an AOS. And finally, at this time we learned about the AOS. We then filed the AOS 60 days after she came back... and all went smoothly. 7 months later, she has her green card and everything is clear and we didn't hide anything.

The point is, if your intent to come on the VWP was valid, and your BF intended to leave, then he entered LEGALLY. You would have to have documents that your BF was going back, ie. work, school, etc i would think. I would suggest, go ahead and file the AOS... and just disregard the K3 from now. I disregarded my K1 and K3 petitions and the immigration officer at the green card interviewer didn't even ask or probably didn't even know about it.

We were stressing that they might catch us in fraud, but we know we didn't do any fraud, we were just stupid..haha. We are all human and we make mistakes, just make an appointment with Infopass and tell them your situation ( as we did) and see what they say.

Good luck to you!

Thank you for all the helpful info. We set up an interview through Infopass and I hope it goes well. With that said, I have another question :/

With about a month before his VWP expires, if indeed we do file the AOS form and receive a NOA on this will that able him to stay in the States while waiting for his Green Card?

This is very complicated, you will essentially have two applications out there at the same time, a K3 and an AOS - I have absolutely no answer for you on this one, I suspect that most run of the mill attorneys will always struggle - you need to talk to a competent attorney who deals with this type of thing. As knowledgeable as most people are on VJ having gone through the process themselves, are you really willing to wait for that one answer which makes you feel like you have made the decision or find legal counsel and make sure you don't start getting yourself into trouble and really cause concerns for your future?

I also made an appointment to speak with someone, but I'm also asking as many questions as I can

[Mus 0]

With regard to your question, yes, he can wait in the US legally while waiting for the greencard.

Let me explain how I understood the process (anyone else, feel free to add in). You MUST file the AOS before the VWP expires. You have to submit the application before the Feb 11 expiry date of your VWP. The NOA should have a receipt date before your VWP expiry date... but no worries if you get the NOA after the VWP expires because you would have applied within the 90 day period of your VWP. Once you get the NOA in your hands, you guys are free to stay in the country until the final decision is made on your case. The attorney I spoke to made a real emphasis to make sure that you don't go out of status (out of status means overstaying on yoru VWP without having submitted an AOS package in your case). If you overstay without filing the AOS then there are grounds of overstaying visa rules and it gets more complicated, in which i would recommend definitely hiring an attorney.

I would suggest that you get your AOS package immediately, TODAY and start getting everything together. Its quite a big package and asks for a lot of information. I used this website, http://www.***removed***/greencard/adjustme...pplication.html ... it was really helpful for me. I made a coverpage for my application, explained each and every document that i was sending. I tried to be as thorough as possible. I sent off my affidavit of support and medical exam at the beginining of my AOS package. I did not receive any RFEs (RFE means Request for evidence... basically they will ask for additional documentation which slows down the process) .. so it made it very smooth. I suggest that you study that website and be prepared to ask all the questions you need at the Infopass center. Send off the application by Monday/Tuesday so that you can ensure that you get an NOA back hopefully within two weeks.

Hope this helps... wish you the best.