Is it possible to cancel the K3 application and file for AOS from within the US or could we file for a visa extension?

[Dominic 0]

My wife was planning on returning to Canada after our baby was born but fractured her pelvic bone in the process. She is out at least 6 months and they don't want her traveling for a few months but her 6 month per calendar year stay would expire. In fact, the doctors don't want the baby traveling for a few months either. The K3 process was started while she was here.

A few questions

1) Could she cancel her K3 application and file for Adjustment of Status from here?

OR

2) Could she apply for a "Visa" extension and continue the K3 process or would that raise a red flag? This way, she will return to Canada when she recovers.

Thanks for your input.

[pushbrk 12,246]

My wife was planning on returning to Canada after our baby was born but fractured her pelvic bone in the process. She is out at least 6 months and they don't want her traveling for a few months but her 6 month per calendar year stay would expire. In fact, the doctors don't want the baby traveling for a few months either. The K3 process was started while she was here.

A few questions

1) Could she cancel her K3 application and file for Adjustment of Status from here?

OR

2) Could she apply for a "Visa" extension and continue the K3 process or would that raise a red flag? This way, she will return to Canada when she recovers.

Thanks for your input.

If she entered with a visa, which visa category? If no visa, please indicate.

[MargotDarko 0]

My wife was planning on returning to Canada after our baby was born but fractured her pelvic bone in the process. She is out at least 6 months and they don't want her traveling for a few months but her 6 month per calendar year stay would expire. In fact, the doctors don't want the baby traveling for a few months either. The K3 process was started while she was here.

A few questions

1) Could she cancel her K3 application and file for Adjustment of Status from here?

OR

2) Could she apply for a "Visa" extension and continue the K3 process or would that raise a red flag? This way, she will return to Canada when she recovers.

Thanks for your input.

If she entered with a visa, which visa category? If no visa, please indicate.

Canadians can visit the US for up to six months of each calendar year without any visa. He's put "visa" in quotes because it's only a theoretical thing rather than an actual visa.

To the OP - I have never heard of a similar experience, but logically it seems you could do it as she did not have intentions to immigrate upon her entry but obviously there are complications she intended to immigrate after gaining the K3 visa. I think for your case a lawyer, or at least a consultation with one, would be a good idea. I'm really sorry to hear about your situation - I hope your wife and baby are totally well soon.

[misa 2]

I think you might want to contact an immigration attorney to pursue your options. She didn't enter with intent to stay and is only staying because of her health and the baby's health (and you have doctor's notes/letters backing it up).

I don't know if she could extend her 6 months though... but yes, a consult with an attorney is probably in order.

[pushbrk 12,246]

My wife was planning on returning to Canada after our baby was born but fractured her pelvic bone in the process. She is out at least 6 months and they don't want her traveling for a few months but her 6 month per calendar year stay would expire. In fact, the doctors don't want the baby traveling for a few months either. The K3 process was started while she was here.

A few questions

1) Could she cancel her K3 application and file for Adjustment of Status from here?

OR

2) Could she apply for a "Visa" extension and continue the K3 process or would that raise a red flag? This way, she will return to Canada when she recovers.

Thanks for your input.

If she entered with a visa, which visa category? If no visa, please indicate.

Canadians can visit the US for up to six months of each calendar year without any visa. He's put "visa" in quotes because it's only a theoretical thing rather than an actual visa.

To the OP - I have never heard of a similar experience, but logically it seems you could do it as she did not have intentions to immigrate upon her entry but obviously there are complications she intended to immigrate after gaining the K3 visa. I think for your case a lawyer, or at least a consultation with one, would be a good idea. I'm really sorry to hear about your situation - I hope your wife and baby are totally well soon.

I am aware of the non visa requirements for Canadians but did not wish to presume there was no visa when there could be. I agree with consulting an attorney. This is an unusual situation but certainly not unheard of. I expect there is an appropriate procedure for dealing with it. Perhaps some sort of waiver.

[misa 2]

Okay, I did find that one can file an I-539 to extend a B2. While Canadians don't always get their passports stamped with B2, sometimes they do and that is the category that they are admitted under as a visitor. They don't however normally get issued an I-94. The I-539 is $300 and who knows how long it takes to get processed.

For the OP, see what an attorney has to say and good luck!

[Dominic 0]

Thanks for your input and concern. Her passport was not stamped, and no I94 given, typical entry for a Canadian I guess, with the presumption that they don't stay more than 6 months per calendar year.

Now, are you all suggesting that we hire an attorney and apply for an adjustment of status or to extend the Visa and continue with the K3?

[Dominic 0]

Thanks for your input and concern. Her passport was not stamped, and no I94 given, typical entry for a Canadian I guess, with the presumption that they don't stay more than 6 months per calendar year.

Now, are you all suggesting that we hire an attorney and apply for an adjustment of status or to extend the Visa and continue with the K3?

[kim&james 0]

See an attorney for a consultation and basically see what they say. They will let you know which is the right way to go.

Also what about an infopass appointment with the USCIS? See what they say.

[MargotDarko 0]

Thanks for your input and concern. Her passport was not stamped, and no I94 given, typical entry for a Canadian I guess, with the presumption that they don't stay more than 6 months per calendar year.

Now, are you all suggesting that we hire an attorney and apply for an adjustment of status or to extend the Visa and continue with the K3?

Yes to what Kim&James said - basically, see what the lawyer says. But hopefully there will be a way for her to adjust status under these circumstances as there was no intent upon this entry to stay without returning for the visa. Even having to return to Canada for the K3 visa interview and waiting for it to be processed would be hard for her until she has fully recovered.

Edited August 21, 2007 by MargotDarko

[Kez/JWolf 6]

There was a couple on VJ a couple of years ago who had a very simmilar situation... wife was pregnant and came to visit her husband in the US from canada.... while here she went into prem labour and was advised not to travel, also the baby was still in the hospital.... they took advice from an immigration lawyer and were able to file for AOS and were approved with no problems....

I would make an appointment with a Immigration lawyer and see what he/she has to say....

Good Luck

Kez

[MargotDarko 0]

There was a couple on VJ a couple of years ago who had a very simmilar situation... wife was pregnant and came to visit her husband in the US from canada.... while here she went into prem labour and was advised not to travel, also the baby was still in the hospital.... they took advice from an immigration lawyer and were able to file for AOS and were approved with no problems....

I would make an appointment with a Immigration lawyer and see what he/she has to say....

Good Luck

Kez

Sounds really promising for them then.

[Dominic 0]

Hello again, after speaking to two lawyers, they are both suggesting I go the AOS route. My question is, can't I file the paperwork myself instead of wasting thousands of dollars on them to file the AOS paperwork for me? I can see if they were representing me in court or something or attending the interview, neither of which they are doing or do you still feel it is better I spend the money?

Also, they would not tell me how to cancel my current I130/I129 K3 paperwork that's currently pending, do any of you know how I can cancel those applications?

Thanks again

[Dominic 0]

Oh yeah, I made an Infopass appointment, maybe I can cancel the applications there?

[pushbrk 12,246]

Oh yeah, I made an Infopass appointment, maybe I can cancel the applications there?

Those are petitions, not applications. I think you'll have a much better idea how to proceed, once you have your infopass appointment. You need an approved I-130 to complete the adjustment of status. It's the I-129F you would withdraw at some point. I don't see any urgency in doing that. It will be interesting to hear your report after the infopass appointment.

Edited August 27, 2007 by pushbrk