Aianamarie329

They haven’t traveled out of Mexico this year, my husbands parents have a B2 visa and have been alone during this whole pandemic and we are hoping to can bring them up here to take care of them for a little bit. 

Are B2 visa holders from Mexico allowed to currently enter the US? 

My husband has a case open over 10 years ago with his ex wife. He came on a K3 visa, he applied for his green card but his case was denied because of the co sponsor, and he wasn’t able to find a new co sponsor, and within all that she filed for divorce. And he remained here out of status. 

fast forward 

we just got the I-130 approval and our case is being sent to the NVC, but on our approval notice, he has the same alien number has he did with the first case. Is having the same alien number going to make a difference with our case processing, or where he might have to have his interview in the consular process?  

1 minute ago, Naes said:

it can even be someone entered your name wrong to the system by one letter and later they corrected it. I wouldn't worry too much about this notification as it is also really hard to figure out.

 

In most cases this comes a few days before approval as in they touched your case for the notice. This can also simply mean they touched your case but didn't finish adjudicating.

Since its been almost 2 months since I received this update, then it pretty much means nothing, no approval? Well at least not yet anyway.. 

20 minutes ago, Khallaf said:

I have seen that happen a few days to weeks before an approval so you can expect that to be coming soon.

It’s been 48 days since the name change. Is that still within the few weeks? 

So I got a notice of a name change in my petition back in the beginning of June. Now, I don’t understand why there was a change. Because everything was correct on my paper copy, nothing needed to be changed. What would cause this? 

5 minutes ago, geowrian said:

AOS is not available  except through the original petitioner. This restriction applies to K class applicants, not just K-1.

K-3 rules are very similar to K-1 rules, except for a spouse instead of a fiance/fiancee (and no AP is needed to travel).

 

Assuming there are no other issues/inadmissabilities, then the process is:

1) File the I-130

2) After approval, file an I-601A to address the unlawful presence bar

3) Wait for approval of the I-601A and an interview is scheduled at the embassy/consulate.

4) Go to the interview (with all documentation, including the medical exam being completed, of course).

5) Wait for the visa to be issued.

6) Return to the US.

 

If there are any other inadmissabilities involved, then skip the I-601A piece. The waiver for those, if one is available, would come into play some point after the interview.

Right that same process that our attorney told us, my I am just worried that with what his ex did with filing for the divorce if that would be considered visa fraud, it was never his intent. Just concerned how that could be taken when it comes time to his interview. 

Just now, Boiler said:

I have not seen a K3 in a very long time, my recollection is that adjustment is only possible through the petitioner.

Yep, you’re corrected. That’s why for me to petition for him to get my husband his green card we need to file for a 601a wavier for over staying his visa. 

6 minutes ago, Boiler said:

Does he have any other issues?

Nope, nothing. 

5 minutes ago, Khallaf said:

its been a long time, as long as he leaves the country willingly to start the ban, and you have the divorce papers from the previous marriage.

 

Will there be questions at interview, yes likely, will it be counted as visa fraud unlikely

That’s what I was hoping, thank you! 

Just now, Khallaf said:

@geowrian

 

1. he would either need to go back to Mexico and wait out the I-130 and file a new waiver

 

or 

 

2. he might be able to apply for adjustment of status based on divorce waiver, but since it has been do long I don't think that is an option anymore.

 

do you know if he has been put back in to deportation proceeding yet 

We planned on applying for a 601a wavier, but I am just curious the chances that this would possibly flag as visa fraud? 

And There has been no court hearings or anything else I am aware of about a deportation proceedings. 

Just now, Khallaf said:

so as of right now he came in on a K3 never got the actual greencard in hand, and now out of status?

 

the person that he was to have originally gotten the K3 on is no longer his wife correct?

Correct 

1 minute ago, Khallaf said:

want to see if I get this right, your now husband was married, in 2005 he got deported had a hearing in 2006 was granted a waiver, he got his green card in 2007, he came to USA looking for his american wife at the time, couldn't find her. He then went back to Mexico returned to the USA on said visa.

 

I am assuming he had a green card through marriage?

 

he found out in 2008 wife filed for divorce, but his green card is about to expire?

 

you and him got married in 2013 and you want to file for what for him?

 

he would be able to file for citizenship based on the 5 year rule as long as the continence of residency requirement would have been meet.

 

again I am only guessing on the green card type he got  

He married in 2003 and they started the process of a k3 visa in 2005. He tried to get his green card before his k3 visa expires but the lack of a co sponsor his application was denied. And he remained out of status. It was never a discussion until 2018. And we have been working and trying to figure things out for the last year, because the k3 visa is complicated 

My husband was previously back in 2003 and they started the process in 2005 but didn’t have to go back to Mexico for his wavier interview until 2006 after his daughter was born. His ex ended up having to stay in the United States because she has lupus. And was receiving treatment in Texas. Once we was approved in 2007 and got his visa, and when to Texas to find his wife and daughter but couldn’t find them. He went back to Mexico for a few months then came back to the United States to continue looking for his wife and daughter. He was in Michigan when he found out that she filed for divorce in 2008. 

My husband and I married in 2013 and we just started to look petitioning for him back in August 2018. Because of how things went down with his ex would that be grounds Inadmissibility under visa fraud?  None of what happened wasn’t his fault, if they asked about that during his interview and he honest about it, there shouldn’t be any problems, right? 

16 hours ago, Boiler said:

Does he have any other issues?

 No he does not. 

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?