Filing for K3 visa after getting married on a K1 and leaving without AP and GC

[Charolastra93 0]

Hi,

I was wondering if it's possible to apply for a K3 visa if I leave the US without an advanced parole or a green card (we never filed for adjustment of status in the first place.) Are they gonna deny the visa because I left without permission?

Thanks.

[pushbrk 12,157]

You never needed permission to leave. You needed permission to be re-admitted. That's the purpose of Advance Parole.

No, you really can't apply for a K3 visa as they are virtually obsolete for nearly six years. Your spouse will start the CR1 visa process by filing an I-130 petition. You can both study the IR1/CR1 visa guide in the guides section here, then return to the applicable forum to ask remaining questions.

[Hypnos 6,576]

Maybe. When did your I-94 expire? When did you depart the US?

[pushbrk 12,157]

Maybe. When did your I-94 expire? When did you depart the US?

I think the "maybe" refers to whether the visa will be denied. The answer to that definitely depends on the answers to the two questions above. If you over-stayed, your 90 days too long, you will have incurred either a 3 year or 10 year ban from entering the USA.

[Charolastra93 0]

I'm still in the US. My I-94 expired in the end of June, I believe it was around the 20th.

[pushbrk 12,157]

I'm still in the US. My I-94 expired in the end of June, I believe it was around the 20th.

Then you wouldn't incur a ban until December 20, if 20 is the right day. If you're still here though, just stay and follow this guide. http://www.visajourney.com/content/i130guide2

You'll be filing I-130 and I-485 concurrently to adjust status. When successful, your overstay is simply forgiven.

[Charolastra93 0]

The thing is that I don't wanna stay here until the adjustment of status is done. I wanna go back to my home country soon (not really an emergency, I just don't want to sit around while I have to wait to work, and just get a temporary job at home instead) and I read it'll be a while until I get the AP. I asked if I could apply for a new visa so I can return to the US when everything is done. I know it won't be fast or cheap but we really don't mind.

[pushbrk 12,157]

The thing is that I don't wanna stay here until the adjustment of status is done. I wanna go back to my home country soon (not really an emergency, I just don't want to sit around while I have to wait to work, and just get a temporary job at home instead) and I read it'll be a while until I get the AP. I asked if I could apply for a new visa so I can return to the US when everything is done. I know it won't be fast or cheap but we really don't mind.

Then, sure. Leave before you've overstayed 180 days and follow the guide I linked to earlier. Expect the process to take 10 to 12 months from the time the petition is filed.

[Transborderwife 4,666]

The thing is that I don't wanna stay here until the adjustment of status is done. I wanna go back to my home country soon (not really an emergency, I just don't want to sit around while I have to wait to work, and just get a temporary job at home instead) and I read it'll be a while until I get the AP. I asked if I could apply for a new visa so I can return to the US when everything is done. I know it won't be fast or cheap but we really don't mind.

Then why on earth did you come on a k1 visa?

[Cyberfx1024 7,978]

I'm still in the US. My I-94 expired in the end of June, I believe it was around the 20th.

Why haven't you gone ahead and filed AOS yet? If you filed before your I-94 expired then more than likely you would already have a greencard by now be working. So don't sit here and complain that you are bored because you aren't working, so go ahead and file and do the expedite for the work permit.

[Mike-eeh and Odie 192]

The thing is that I don't wanna stay here until the adjustment of status is done. I wanna go back to my home country soon (not really an emergency, I just don't want to sit around while I have to wait to work, and just get a temporary job at home instead) and I read it'll be a while until I get the AP. I asked if I could apply for a new visa so I can return to the US when everything is done. I know it won't be fast or cheap but we really don't mind.

If you file and adjust status now, you will probably only wait 3 moths at most for your EAD/AP combo card which will allow you to work. If you go home and do a CR-1 you most likely will be waiting another year, possibly more with the way things are processing, to get your visa.

[Charolastra93 0]

Why haven't you gone ahead and filed AOS yet? If you filed before your I-94 expired then more than likely you would already have a greencard by now be working. So don't sit here and complain that you are bored because you aren't working, so go ahead and file and do the expedite for the work permit.

I am aware of that but now my I-94 is expired and there's nothing I can do about that. No need to be rude.

Then why on earth did you come on a k1 visa?

I didn't want to get married on a tourist visa and possibly get in trouble for it. I had my wedding dress in my luggage.

Then, sure. Leave before you've overstayed 180 days and follow the guide I linked to earlier. Expect the process to take 10 to 12 months from the time the petition is filed.

Thank you so much, your answers were really helpful to me.

If you file and adjust status now, you will probably only wait 3 moths at most for your EAD/AP combo card which will allow you to work. If you go home and do a CR-1 you most likely will be waiting another year, possibly more with the way things are processing, to get your visa.

Thank you. I read that it'd take me 6-12 months to get everything though, so I'm not sure what exactly I should do.

Edited October 16, 2015 by Charolastra93

[Ebunoluwa 6,136]

Why haven't you gone ahead and filed AOS yet? If you filed before your I-94 expired then more than likely you would already have a greencard by now be working. So don't sit here and complain that you are bored because you aren't working, so go ahead and file and do the expedite for the work permit.

I agree. OP's reasoning for leaving seems bizarre to me.

[Cyberfx1024 7,978]

I am aware of that but now my I-94 is expired and there's nothing I can do about that. No need to be rude.

I didn't want to get married on a tourist visa and possibly get in trouble for it. I had my wedding dress in my luggage.

Thank you. I read that it'd take me 6-12 months to get everything though, so I'm not sure what exactly I should do.

Are you married right now? If you are already married right now then go ahead and file for AOS, it is not uncommon for people to be out of status when they file for AOS after their I-94 is expired. My wife was one of those people as well, she got here in late September 2012, and we didn't file for AOS until late January 2013. It took about 7 months from filing for her to be approved during the interview. So why waste even more money by leaving and then filing for CR-1? Also when you file you can file for EAD which means that you get your permit to work before you get your green card.

I am not trying to be rude I am just stating the facts.

[Ash.1101 1,755]

Just because your I-94 expired doesn't mean you can't apply for AOS.

If you had applied for your AOS before it expired you would have already have had your AP and EAD.

Either way, the wait is an average of 90 days for AP/EAD. Is 90 days that long to wait, or would you rather be in your country for a year or so.

You have two options: Either do your AOS now, and you'll be able to work and have AP by Janurary 2016, or leave and apply for a spousal and be with your husband maybe November or Dec 2016.


Unless there is something TRULY stopping you from AOSing, there is no excuse. Money isn't really that much of an excuse because it'll cost you more money to do a CR-1 visa than to just AOS.

Most people who did K-1 can't even fathom leaving their spouse for no good reason, because most people do not think that your reasoning makes sense. The idea of just leaving your spouse because your bored and don't want to wait out the 90 days to work, you've already been not working for so long, what's 90 more days, it just seems like there is more to the story.

Edited October 16, 2015 by Ash.1101