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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pennie:
      We filled out the I-824 and sent it last week. Going to send I-485, along w/ I-765 & I-131 after we received the Approval
      Notice. Do I need to apply for a K-3 VISA I-129F so I can stay in the states legally? I'm a Canadian Citizen but not
      sure what to do? If the Petition is good enough? I am currently here living in the US. Please let me know what I should do next??? </div></BLOCKQUOTE>
      Your husband filed I-130 (Oct 2002) while he was in Germany (from Aug 2002), so you can get an immigrant visa?
      Or was it checked on the form that you'll adjust status in USA?
      Or the dates are not correct?

      How long had you been in the USA before leaving for Germany and in what status?

      Here are some thoughts in the meantime:
      If I-130 was approved in 2004, and no action has been taken since (AOS or pursuing visa), it may be dead now. Have you ever heard from NVC (in case you went for an immigrant visa)?

      Once you file I-485 (providing I-130 is still valid) your stay will be authorised and status "pending adjustment of status". K-3 (and all other visas) are to enter the USA. Unless you plan to leave and get visa in Canada, you don't need it now. However, adjustment of status may not be a smooth sailing, as you entered the USA (as tourist I guess) with the intention to stay which is not in accordance with the law. Proper way would be to get an immigrant visa before you returned to USA.

      Maybe you should have a chat with a lawyer to see what should be done now.


      • #4
        Thanks for the respond ANERI. He left for Germany Aug. 2003. That was the wrong year, sorry. But, we are currently waiting for them to resend the Approval Notice and we'll see what the next step would be.


        • #5
          I am sorry to see that you've chosen not to continue to discuss your situation. The way I se it, there may be some problems and I am not sure you are aware of it. Please see a lawyer.