K-3 problem with AOS

[MaciekKasia 0]

Hello All,

I received K-3 visa in Poland in 2013. At the exactly same day both petitions were approved - my I-130 and I-129f. I was lucky to wait only 3 months to get I-129f approved so when we got a message that the petition was transferred to the embassy, we were so happy. Well, not for a long time. My husband was told by the lawyer that if the I-130 was approved at the same time, my I-129F should be closed but when we called NVC and they informed us that we can apply for K-3. I went to Warsaw, received a visa and came to the USA. Now, after 5 months and 2 letters from DHS I am totally confused.

The first letter requires us to find a joint sponsor as my husband has worked in the USA only for 1 year and they claim his income is not verifiable. Do I have to get the second sponsor if I already received K-3 visa and a consul did not ask me about my husband's financial documents?

The last latter Notice of Intend to Deny states that I can not receive a permanent residence status because my visa was issued by mistake and I-129f was supposed to be closed because I was eligible for consular processing at the same time.

We saw 2 lawyers, both agreed with the immigration officers and advised me to come back to Poland and go through the consular processing overseas instead of spending money and time and fight with DHS.

Any advice? I don't understand why the embassy issued a K-3 visa and now the immigration office is giving us a hard time.

Thanks.

Edited February 8, 2014 by MaciekKasia

[Hypnos 6,576]

It doesn't sound as if the NOID can be overturned easily. The K-3 was likely issued in error (they are very rarely given these days), and once they figured that out they retroactively rescinded their approval of the I-129F (or are planning to), which will prevent you from being able to AoS.

Pursuing consular processing abroad is probably the best move, especially if two attorneys agree. This is yet another reason why the K-3 is a poor choice, knowing that USCIS can screw you over even after its approval.