DavidDavidDavid

It was a k-1, already arrived in USA got married, had a child there, returned back to Vietnam and never applied for Advanced parole or Adjustment of status, so her original K-1 application is considered abandoned, so next step is to file the CR-1 Spousal i-130 K-3 Visa for Direct Family Member, which there is no wait time unless you are Viet Kieu (American Vietnamese)...then they investigate and it takes longer.

However I must send this to the Chicago locker box unless I can speak to someone at the Consulate and have an emergency, then they can contact DHS FODA and ask for permission to process the application here in Vietnam at the Consulate office. This was info provided by the duty officer at the US Consulate in HCM US Citizen Services.

Right, we got married soon after arriving and were back in Vietnam only a couple days prior the the expiry of the 90 day Visa, I didn't make clear , I was concerned about the timeline AF filing the AOS and was told it didn't need to be filed before her 90 day visa expired, correctamundo thanks for painting a clearer picture though, had no idea of a so called "barring". 

Actually I heard back from the Consulate a few minutes ago, and I in fact can file her i-130 here due to the fact I have lived her over the past 6 months, its in their guidelines.

The Child has a US passport, and me and my spouse have our marriage licence/certificate from the USA as well as our child's birth certificate with both of our names on it.

Thanks for your help everyone,

she did not overstay her visa by not filing her AOS, I spoke directly with a DHS agent in the US prior to returning because had concerns about her status, he said we were married before the 90 day visa expired? "Yes" then you can prove that then no law was broken, she just won't have an immigration status until its filed. The stipulation is to be married within 90 days of arriving on US soil is my understanding...

Have a Question here, long story short, My Vietnamese wife came to the USA on a K-3 visa while pregnant,

we got married, had the kid, she had postpartum depression and started acting like a nut job, so we returned back together to Vietnam and did not bother filing the Adjustment of Status or for Advance Parole to travel, and we all three have been back her living in Nam for the past 6 months, I'm going to assume without certainty that its too late to adjust her status, however I did hear that I can apply for her K-3 Visa as a direct relative here at the consulate office using whats called Consular Processing?

Anybody heard of doing this?

Although you usually file immigrant petitions with USCIS, sometimes you can file a Form I-130 petition for an immediate relative (spouse, child, or parent of a U.S. citizen) with a U.S. embassy or consulate abroad. Situations where this may be applicable include:

• If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months

is any part or all of this together true? Please inform.