No K-1, got married and filed a I-130

[bradcanuck 1]

Here's the deal, I am looking for some advice and some help.

I am a Canadian citizen and I met my (now) wife while attending school on a F-1 student visa. We kept in touch and decided we wanted to get married but kept the option open as to when. 2006 in October I was invited on a Cruise to Mexico with her Family so I entered the US on a B-2 Visitor Visa. When I was admitted I had to give my entire itinerary to the customs agents in the secondary (back) room in the Vancouver customs check point at the YVR Airport.

I was admitted and came down and went on the cruise. I was entered into Mexico without problem. When I came back into the US at Long Beach port I was brought back into the second room to confirm all of my details and dates and claims. I was admitted back into the US.

During the stay I decided I didn't want to spend more time apart from my fiancee so I proposed.

We were married January 4th of this year.

We were confused about the process so we didn't file our I-130 until April 14th 2007. Had I known all we needed was the I130 and the G325's we would have submitted in January. We were under the impression we needed the forms showing support etc all at the same time so we filed our taxes and got our records in order early only to find we didn't have to do that.

Anyway my question is, due to the fact that I am now overstaying my B-2 BUT I am in the system for a visa, am I okay? Do I risk deportation when I come in for an interview?

Thank you.

[Dan J 277]

Your not filing a K-1 so you posted in the wrong forum. It sounds like you have filed for K-3 or CR-1.

You are overstaying your current visa and yes you can be deported. And this could reflect negativly at your visa interview.

However. Depending on your situation, you may not actually need a visa and you file for AOS immediately. If on your last entry, you had no intention to marry your fiancee, you can legally file for AOS now and skip the visa process. However if you did have the intention to marry and stay upon your last entry. You should head back home or you will jeopardize your visa.

[kitkat1 5]

Anyway my question is, due to the fact that I am now overstaying my B-2 BUT I am in the system for a visa, am I okay? Do I risk deportation when I come in for an interview?

Thank you.

Overstay when married to a USC is forgiven. You are not at risk for deportation. As long as your adjustment of status is in process, you should not have any problems.

[Dan J 277]

I should clarify though, are you filing an I-130 with I-485 (Which would be AOS)? or just an I-130 (Which would be CR-1 or K-3)?

[MissStacey 1]

DO NOT leave the U.S. and make the mistake I did! I came to Canada for what I thought was going to be a 2 week holiday. Turned out to be a 10 month holiday!

[bradcanuck 1]

I should clarify though, are you filing an I-130 with I-485 (Which would be AOS)? or just an I-130 (Which would be CR-1 or K-3)?

Sorry I didn't know the technical term was K-3. I have (my wife has anyway) filed for the I-130 only. In what we read and researched they recommended that first, then the I-485. We can send that in also as we have it done. (would it be too late to send it in as a sort of addendum?

[Dan J 277]

Some of the same forms are used for diffrent visas.

You want to look at this guide. http://www.visajourney.com/forums/index.ph...page=i130guide2

If your filing for AOS, I-130 and I-485 together. Then you ok and you can continue to stay in the country. Just dont leave until you either get AP or your green card is granted. If you dont, you cant get back in.

The guide recommends sending both together. Im not sure if you can change your current filing.

[MissStacey 1]

I should clarify though, are you filing an I-130 with I-485 (Which would be AOS)? or just an I-130 (Which would be CR-1 or K-3)?

Sorry I didn't know the technical term was K-3. I have (my wife has anyway) filed for the I-130 only. In what we read and researched they recommended that first, then the I-485. We can send that in also as we have it done. (would it be too late to send it in as a sort of addendum?

For a K3, you would need to file an I 129F. This is the same form that is filled out for a Fiance, but for spousal purpose it becomes a K3 Visa. K3 was designed to be a way for married couples to reunite faster. The K3 has no purpose in your case and you so need to worry about that at all.

The I 130 is always the first step- you are on the right track!

Have you filled out the I 485 yet?

Edited June 5, 2007 by Stacey33

[pushbrk 12,253]

I should clarify though, are you filing an I-130 with I-485 (Which would be AOS)? or just an I-130 (Which would be CR-1 or K-3)?

Sorry I didn't know the technical term was K-3. I have (my wife has anyway) filed for the I-130 only. In what we read and researched they recommended that first, then the I-485. We can send that in also as we have it done. (would it be too late to send it in as a sort of addendum?

You really should have figured out what you were doing before you filed anything. You're here in the USA. What makes you think you need a visa? Visas are used to enter a country. What you need is legal resident status. This is achieved by filing an I-130 and I-485 together as well as the supporting documentation. You need to post this or a moderator move it to the AOS forum.

Start by reading the appropriate guide. Look at the top of page and click on the word "Guides."

[bradcanuck 1]

I am a little worried Stacey and Dan. I am getting sort of mixed signals from both of you. I am looking at the K-3 and the I-130 option and I am getting a bit nervous.

I am hoping you're right Stacey, as we haven't filed anything other than the 130 and the G325s. They said if they require more info they will contact us. Seeing as how I did not marry for citizenship and I didn't marry intentionally to get around any laws or Visas (we eloped at the Santa Ana courthouse) everything I read said we should be fine. Now I am worried about the 485 should have been sent in at the same time which we can do as it is completed. The 129F I haven't even heard of until reading today so that is certainly not in the picture.

Now I am crossing my fingers again! lol

[bradcanuck 1]

You really should have figured out what you were doing before you filed anything. You're here in the USA. What makes you think you need a visa? Visas are used to enter a country. What you need is legal resident status. This is achieved by filing an I-130 and I-485 together as well as the supporting documentation.

The process is very confusing and hard to understand - we did what we thought was right. Considering how many possibilities there are and how uninformative the USCIS site is I'd say we did pretty well understand what we thought was the right procedure.

Given the fact that I think you're right - how would you go about rectifying this and fixing the situation?

[MissStacey 1]

I am a little worried Stacey and Dan. I am getting sort of mixed signals from both of you. I am looking at the K-3 and the I-130 option and I am getting a bit nervous.

I am hoping you're right Stacey, as we haven't filed anything other than the 130 and the G325s. They said if they require more info they will contact us. Seeing as how I did not marry for citizenship and I didn't marry intentionally to get around any laws or Visas (we eloped at the Santa Ana courthouse) everything I read said we should be fine. Now I am worried about the 485 should have been sent in at the same time which we can do as it is completed. The 129F I haven't even heard of until reading today so that is certainly not in the picture.

Now I am crossing my fingers again! lol

I made the mistake of leaving the US after we filed the I 130. In my case- for many reasons, it turned out for the best that I was in Canada the last 10 months.

We chose the K3 route because our 1 130 was at a total standstill, still is. The K3 can be a good option for married couples who are separated during this process. Because you two are in the US together, you have no use for a K3.

I know there are people on this board who got married in the US, stayed in the US together and adjusted status. They will be your best advisors on this issue.

[bradcanuck 1]

Thanks for getting this moved Stacey. I hope someone here has some extra information for me.

[kitkat1 5]

Thanks for getting this moved Stacey. I hope someone here has some extra information for me.

As stated, the correct forms you should have filed were the I-130 and I-485 together as well as the supporting documentation. You will either receive the entire packet back because it was missing documentation, or you will receive an RFE (request for evidence) for the missing documentation. Status-wise you are fine. Just don't leave the country until you have your green card in hand or have filed for advanced parole.

[MissStacey 1]

Thanks for getting this moved Stacey. I hope someone here has some extra information for me.

As stated, the correct forms you should have filed were the I-130 and I-485 together as well as the supporting documentation. You will either receive the entire packet back because it was missing documentation, or you will receive an RFE (request for evidence) for the missing documentation. Status-wise you are fine. Just don't leave the country until you have your green card in hand or have filed for advanced parole.

I ended up taking the K3 route, but when me and Mel filed the I 130- I was in the US with him, we stated on the I 130 that I was in the US. We didn't get an RFE or anything sent back. I was back in Canada when the I 130 got approved. I just went to get it and read it- it says " The petition indicates the person for who you are petitioning is in the United States and will apply for Adjustment of Status. He or she should contact the local INS office to obtain form I 145. It also mentions that if I was outside of the US, 1 824 would have to be filed to move my case to NVC (which is what we did).

It doesn't sound like they had any problems with the fact only our I 130 was sent in.

Edited June 6, 2007 by Stacey33