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TahirR

Starting Immigration process, is K-3 right for me?(Merged)

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Hello all,

I am a Canadian married to a U.S citizen, we got married in January of this year in Texas and then we moved to Ireland where I currently work. I am currently visiting Houston Texas with my wife to visit family and we want to start my immigration process so I can eventually find a job in America and stay here in the future. I will be here until December (Can be extended if necessary), working remotely, I guess I just want to ask advice on whats the best process for me?

I was going to get a lawyer but they were asking for $3000 which is too much right now, my wife is pregnant and the expenses are adding up. I've read doing the paperwork yourself isn't terribly difficult and was referred to this site as a great source for getting help and advice.

I've been reading the different Visa's on this site and I think K-3 is the one for my situation, although I am already in the states, is that a problem? I think the first step is to file the I-130: Petition for alien relative, is that right? Is there anything about my situation that is exceptional and I should probably get a lawyer?

Any help is greatly appreciated!

Edited by TahirR

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Hello, the K3 visa is no longer used when applying for it, will automatically be treated as CR1, as to direct relatives, do not think a lawyer is necessary, unless you have a very peculiar situation, the process takes on average 12 months, but if u have an entry visa. You can go normally. If I'm not mistaken, if you prefer to stay in the USA, you can make an adjustment of status, and continue with his wife in the process. Sorry mistakes, I'm using Google Translate.




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Since you are in the US, there is a process whereby you can stay in the US while immigration proceeds, changing your status to Greencard. This sounds best for your situation.

Read this guide:

http://www.visajourney.com/content/i130guide2


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Hey guys,

I'm a Canadian citizen currently visiting Texas with my wife who is an American citizen. We got married last January and moved to Ireland where I currently work, I am here in the states now with her family and I can work remotely here up until June of next year. I wanted to come here to start the immigration process as we eventually want to move here once I find a job in Texas, although I understand it can take a long time.

I've talked to 1 lawyer who said that its no problem we can start the the immigration process now and I'll be able to travel freely back to Ireland next June and there wont be any problem with my immigration status, unfortunately this lawyer was charging $3000 so I wanted call another. Then another lawyer said after I arrived i have to wait 3 months before I can start my immigration and then it takes 10 months, so the best option for me would be consular processing, this lady only charged $1500 which was much more affordable.

Do you guys have any advice, I'd ideally like to stay in the states while until June while I do my immigration and be able to freely leave and come back later, but I'm not 100% sure if that is doable.

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~~Duplicate thread removed. Please only start one thread for the same or similar topic.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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~~Duplicate thread removed. Please only start one thread for the same or similar topic.~~

I made another thread to ask a different question as this one didn't get me all the help I needed. Thanks for closing the other thread though, now I dont know what to do :(.

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See post number 3. You are in the USA now so you can, if you wish, stay and adjust your status to permanent resident. You will have to stay in the country for several months to complete that process so if you have a pressing need to return to Ireland or Canada to tie up your affairs there that could be a problem.

The other option is to file a spouse visa (you can start it now) and then you go back to Ireland to wait for it to be approved and you can enter the USA for good.

All depends on whether it is feasible for you to stay now or whether you need to go back to Ireland.

Edited by JFH

 

 

 

 

 

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Thank you for your reply JFH,

How many months do I have to stay in the country for Adjusting Status? I have been here in Texas for a week so far (I've heard from a laywer I need to be here for 3 months before adjusting status), and the latest I can stay before I must return for my job in Ireland is the beginning of June 2017. Is it doable that I an start the process and get permission to travel so that I can come and go or is that not possible?

Also about the spouse visa, this may be my best option, where do I start? And what is this called, is that Consular Processing?

Thanks for your help.

Edited by TahirR

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I made another thread to ask a different question as this one didn't get me all the help I needed. Thanks for closing the other thread though, now I dont know what to do :(.

I merged your thread to this one

You don't need a lawyer follow the steps in the guides and do AOS as mentioned above.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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