A permanent resident files I-130 for spouse and children living in Mexico. Spouse and children are approved for K3 Visa. They enter the US with the visa in 2003. The visa has now expired. The original petition (I-130) requested consular processing in Ciudad Juarez, Mexico. Since the family entered with inspection, can the adjust status in the US?

Thanks.

quote:

Originally posted by Delia:
A permanent resident files I-130 for spouse and children living in Mexico. Spouse and children are approved for K3 Visa. They enter the US with the visa in 2003. The visa has now expired. The original petition (I-130) requested consular processing in Ciudad Juarez, Mexico. Since the family entered with inspection, can the adjust status in the US?

is the permanent resident now a citizen !? K3s are for the spouses of US citizens.

Yes, after the approval of I-130 they can adjust status in the US.

No the petitioner is not a US Citizen. I am uncertain as to what type of visa his family received, maybe the K1? - at any rate, since he is not a citizen, can his family still adjust status in the US?

quote:

Originally posted by Delia:
No the petitioner is not a US Citizen. I am uncertain as to what type of visa his family received, maybe the K1? - at any rate, since he is not a citizen, can his family still adjust status in the US?

Is it V visa?! If the petitioner is still PR, spouse and children can file for adjustment of status only when there is an immigrant visa number available to them according to Visa Bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html

Has the I-130 been approved? When it was filed?

Actually, the family came in to US with a V visa.

They are now being asked by Dept. of State to provide copy of current passport.

Can they fill out I-485 and adjust status in US?

was I-130 filed before 15 AUG 2000?

Yes it was. Their V visa was issued in July of 2000. They entered the US with that visa in Aug. 2000.

First of all, these beneficiaries are eligible to adjust under 245(i). Which is just legalese for they can most likely adjust here. Assuming no special problems, they should be able to adjust without even needing a waiver. They will have to pay an extra $1000 to the DHS and file the 245A supplement.

Delia, did they enter in 2000 or 2003(first post)?
If they entered in 2000, that would mean I-130 was filed in 1997 or before and they were eligible to adjust status long time ago...

Now, according to Visa Bulletin, spouses and children of PR on whose behalf I-130 was filed before 15 Aug 2000, may file for the adjustment of status. BTW, has I-130 been approved?

However, their V status has expired some time ago and they didn't renew it (in 2 year intervals). So, I am not sure if they can adjust status now without complications (not immediate relatives of USC, V-visa holders are under some special rules)... On the other hand, it may be as simple as senowen is saying..

I find it odd that Dept. of State would ask for copies of passport just out of blue.

Maybe a consultation with a lawyer would be a good idea.

aneri is right about potential complications in this case. I was assuming before that the original I-130 was approved. If you arrive with a fiance(e) visa or as the child of the fiance(e) you can only adjust here based on a marriage to the person who filed the original visa application. If they are trying to adjust based on a marriage to someone else, or on some other ground, this is a problem.

The current passport request is a red light. I could mean that the service is attempting to prepare a travel document. But, it doesn't sound like these people are subject to expedited removal, so they would have to be placed in removal proceedings first. It could just be the service is attempting to confirm their identity.

Sorry - they entered originally in 2003. Their I-130 was approved in late 1990's. They received a V visa (which is what they entered the US with) in 2003. The visa expired and they never renewed it. They are still in the US. I called the Departement of State and was told they could apply to adjust status...I posted here hoping to hear from others in similar situation.

Thank you all for your input.

quote:

Originally posted by Delia: I called the Departement of State and was told they could apply to adjust status...

Was that USCIS 800 number you called? They rearly understand the situation and give complete answer...so be aware.

I still think a short consultations with a lawyer would be good idea... to clarify their curent status.

V visa is more and more the thing of the past, and people who went through the process are PRs now and, unfortunately, don't hang around immigration forums any more.

I Am a diplomat, if anyone needs help here in the states only, I may be able to help with passport issues only, not visa's.

consultucc8@yahoo

Most of the peoples from irs/other agency do travel to US Foreign Mission. Irs also send some Inspectors/Auditors to provide help in filing the forms. answers questions.
Since they travel on Official business(TDY).

Answer questions on passport issues, is a complex like NIV and IV cases.
To issue a passports to the person already had a passport that will be a renewal of passport from the prior passport.
Mow a days most of the post send passports applications to DOS.
Will appreciate your response.

I thought Mexicans were not allowed to get visas, they have a waiting period of 18 years, what happened? What Delia and all the mexicans should be doing is demanding whatever it is they need FROM THEIR OWN COUNTRY AND THEIR OWN PRESIDENT and stop unloading your sorry lives in the US. We are sick of you.

I have a question regarding AOS. I'm Canadian on a TN visa but I'm married to a U.S. citizen. Is it possible to get an AOS from TN to permanent resident status? Please help. Thank you.

hjl:

yes you can.