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Aianamarie329

K3 over stay...?

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I am new so forgive me if I am not posting in the correct place and still learning the ropes. And if this is not the correct section, kindly refer me to the correct one. Thank you.  

 

I am am trying to file for my husbands Adjustment of status after an over stay.

Quick background. He started to apply for his K3 visa back in 05/06. With his first wife. After all that was done and approved he came here and tried to do AOS then, but unfortunately his co sponsor changed his mind. So he was denied. And then his wife filed for divorce in 2008. He remained in the United States. We meet in 2011 and got married in 2013. We finally decide to adjust his status in May of 2018 and with having some bumps with either the co sponsor or the financial part of it. We were finally able to file, so the last two months we got the money and the co sponsorship figured out and we were suppose to send out our petition packet today (2/15/2019) but was notified that my husband can not adjust his status thru our marriage. And only the one who filed the K3 can adjust his status. But since they are divorced, and not one good terms. I am not sure if that’s even an option. 

 

But was told that my husband would have to go back to Mexico, then I can apply? Is that the only way? Or is there a way to adjust his status with me without him having to leave the United States? Even more so if we can prove hardship for our family to be without for any extended amount of time? 

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Yeah if he arrived on a K-visa the only path for him to get a greencard is through the person who petitioned him. He will have to leave and since his overstay is huge he'll get a 10 year ban when he leaves.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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You can file the I-130 now. Once that is approved, you can file file an I-601A for the overstay. Once that is approved, he can go to Mexico and interview for the visa. The 10 year bar for unlawful presence - assuming that is his only inadmissibility - will be waived due to the I-601A.

 

He cannot adjust status via a K-class visa as that is specifically tied to the original petitioner/marriage.

https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

"If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status."

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thread is moved from the K-3 Process forum to the Waivers/AP forum -- waiver phase now applies.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Does he have any other issues?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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