Adjustment of Status - which visa?

[lel_90 0]

Hi everyone, my husband is Jordanian and we've been married almost 3 years. Up until recently, we were planning to apply for an IR1 visa while he's in Jordan and I get our life set up in the US. Circumstances changed a bit and now we're thinking it may be best for him to just come to the US and do an adjustment of status instead. Do we need to apply for a K-3 visa, or is there a way to do it if he was to come on a tourist visa? I know that's not what tourist visas are intended for, but it seems like there is a pathway to do it like this, and I just want to know what our options are so I don't mess anything up. Also, how long does it take to get a K3 visa?

 

Thanks, and sorry if this is a basic question. I'm beyond overwhelmed.

[geowrian 22,335]

3 minutes ago, leleger said:

we're thinking it may be best for him to just come to the US and do an adjustment of status instead.

Do NOT do this. This is clear visa fraud. You cannot enter with intent to stay / adjust status on  a tourist visa.

 

K-3 is obsolete. CR-1 would be the only marriage-based path for you.

[lel_90 0]

7 minutes ago, geowrian said:

Do NOT do this. This is clear visa fraud. You cannot enter with intent to stay / adjust status on  a tourist visa.

 

K-3 is obsolete. CR-1 would be the only marriage-based path for you.

So then there's basically no such thing as adjustment of status anymore? And we've been married more than 2 years, so not CR-1 as far as I can tell.

[mushroomspore 3,043]

As geowrian said, IR1 is your only legal option.

 

Coming on a tourist visa with the plan to stay and adjust is ILLEGAL. Period.

[mushroomspore 3,043]

1 minute ago, leleger said:

So then there's basically no such thing as adjustment of status anymore? And we've been married more than 2 years, so not CR-1 as far as I can tell.

There is still adjustment of status but it is available only to people ALREADY present in the US on other visas and their circumstances changed WHILE they were already inside the US. That does not apply to your husband because he is out of the US.

Edited November 25, 2018 by mushroomspore

[Crazy Cat 39,182]

Agree with all of the above......IR-1 spousal visa is your only legal option.

[K1visaHopeful 2,655]

A K3 visa is a Visa that would allow your husband to enter the US while he would be awaiting the approval of his IR1. It would be filed AFTER you already had applied for an IR1 and were waiting for it to process and you would have to wait for the K3 to be approved before he could come to the US. Spousal Visas are taking just as much time as K Visas now so the K3 is obsolete. Ie there is no reason to pay extra for a K3 when it wont be approved before the IR1 is approved. 

So you're only bet is the IR1. You would still have to set up domicile in the US ahead of time as the USC and he would still have to wait abroad for the IR1 to process. 

A tourist Visa is not an option. Using one to enter the US as a nonimmigrant with the intention to immigrate and then trying to adjust your status is Visa fraud and is punishable by deportation and a ban of entering the US for many years. 

[mushroomspore 3,043]

@lel_90 And just in case you're wondering, "But how would they know??", be aware that misrepresentation results in a lifetime ban.

[geowrian 22,335]

19 minutes ago, lel_90 said:

So then there's basically no such thing as adjustment of status anymore? And we've been married more than 2 years, so not CR-1 as far as I can tell.

AOS exists. AOS from a tourist visa exists in certain circumstances. It is not a valid legal immigration path with your circumstances, though.

True, it would be an IR-1 visa. Same exact process.

[Ontarkie 13,902]

~~Moved to IR1/CR1 Process and Procedures, from AOS Family. - The only legal option is the IR1 process.~~

~~Warning to all. Please post constructively and  Do not violate the TOS by giving any type of indirect instructions on how to  circumvent immigration laws. Any posts doing such will result in suspension. ~~

 

As others have mentioned the K3 is obsolete now. It was used to AOS spouses because the IR/CR processing used to take years. For the K3 you would have filed then 12-16 months from now it would allow your spouse to enter for AOS. Since the IR/CR visas take the same amount of time it is just pushed through and the K3 abandoned. 

[TM92 527]

4 hours ago, lel_90 said:

Hi everyone, my husband is Jordanian and we've been married almost 3 years.

Do you AND your husband live in Jordan (or other eligible country)? If yes, then the way faster Direct Consular Filing option for the IR-1 is available. Info from USCIS Amman Office, https://www.uscis.gov/about-us/find-uscis-office/international-offices/jordan-uscis-amman-field-office "Form I-130, Petition for Alien Relative" tab:

Quote

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in Jordan. Please note that certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit the following:

• Letter from Border and Residency Department of Jordan

In addition, other evidence of residency may include, but is not limited to:

• Residency permit or card
• Work contract or other employment documents
• Proof of local registration
• Military orders
• Proof of school enrollment
• Passport entry stamp
• Utility bills
• Housing lease
• Bank statements
• Vehicle registration
• Valid local driver’s license
• Tax documents

[EM_Vandaveer 2,364]

9 hours ago, TM92 said:

Do you AND your husband live in Jordan (or other eligible country)? If yes, then the way faster Direct Consular Filing option for the IR-1 is available. Info from USCIS Amman Office, https://www.uscis.gov/about-us/find-uscis-office/international-offices/jordan-uscis-amman-field-office "Form I-130, Petition for Alien Relative" tab:

This. Getting an IR-1 through DCF (Direct Consular Filing, i.e. you file the I-130 at the Amman USCIS office, NOT send it to the US) is generally MUCH faster, so that'd be your best bet.

[Ben & Katy 168]

They would probably deny the tourist visa to your husband anyways because they would assume that this is what you would probably do.  Although not all couples want to live in the USA.  There was another scenario on here of a couple in Ukraine that loves life in the Ukraine and doesn't want to live in the USA ever.  But the USC wants a tourist visa for his Ukrainian spouse so they can visit the USA together once a year.  His spouse has been denied a couple of times for the tourist visa even though she has alot of ties to the Ukraine.  

[Boiler 43,392]

CR1 is your only option, does he have a tourist visa?

[K1visaHopeful 2,655]

4 minutes ago, Boiler said:

CR1 is your only option, does he have a tourist visa?

They have been married for over 2 years.