Jump to content
Sign in to follow this  
Ariane15

admitted on K 3 visa but adjusting as parent of USC

5 posts in this topic

Recommended Posts

Filed: F-2A Visa Country: Mauritius
Timeline

I was admitted to US on a K3 visa but the I 130 filed by my spouse was twice denied due to AWA. Now my daughter who is a US citizen has filed a new I I30 on my behalf and I filed the I485. Will I be able to adjust my status in US or do I have to go through consular processing? I have not been in removal proceeding. Thanks.

Share this post


Link to post
Share on other sites

I was admitted to US on a K3 visa but the I 130 filed by my spouse was twice denied due to AWA. Now my daughter who is a US citizen has filed a new I I30 on my behalf and I filed the I485. Will I be able to adjust my status in US or do I have to go through consular processing? I have not been in removal proceeding. Thanks.

Are you in the US legally? What is your current status now?


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Mauritius
Timeline

Are you in the US legally? What is your current status now?

After the denial of I 485 based on my spouse petition, I filed a new I 485 based on my daughter petition as I was out of status. I entered US legally but now I have an I 485 pending. My interview is in 10 days.

Share this post


Link to post
Share on other sites

After the denial of I 485 based on my spouse petition, I filed a new I 485 based on my daughter petition as I was out of status. I entered US legally but now I have an I 485 pending. My interview is in 10 days.

Was your 130 from your daughter appoved? Usually you have to have that done prior to the 485 being approved.

If you were legally in the US when the 130 was approved - you can AOS - but if your not, you have to consulate interview.

The issue is that if you were "out of status" - then you were not "legally" in the US.

Please let us know how the interview goes - this is a strange case - but it's a good sign they are doing an interview.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Mauritius
Timeline

Was your 130 from your daughter appoved? Usually you have to have that done prior to the 485 being approved.

If you were legally in the US when the 130 was approved - you can AOS - but if your not, you have to consulate interview.

The issue is that if you were "out of status" - then you were not "legally" in the US.

Please let us know how the interview goes - this is a strange case - but it's a good sign they are doing an interview.

Thanks. I'll let you know how it goes.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...