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  • MY husband

    I am a citizen. I have put in about a year and a half ago the I-130. I was not a citizen then. He came over on a visitor visa a year ago but has overstayed. We are about to have a baby you see in about 4 weeks. I don't know if this makes a difference. Have we blown our chances as he overstayed his visa. He is a helicopter pilot and wishes to work immediately. He has not worked illegally. We were married in the US while he was here legally two years ago on a J-1 visa. He entered legally but has just overstayed the visa. It is my understanding that we need the K3 visa for him to work. Are we going to encounter problems? what do we need to do? We really need him to work as the baby is just about due? help!

  • #2
    I am a citizen. I have put in about a year and a half ago the I-130. I was not a citizen then. He came over on a visitor visa a year ago but has overstayed. We are about to have a baby you see in about 4 weeks. I don't know if this makes a difference. Have we blown our chances as he overstayed his visa. He is a helicopter pilot and wishes to work immediately. He has not worked illegally. We were married in the US while he was here legally two years ago on a J-1 visa. He entered legally but has just overstayed the visa. It is my understanding that we need the K3 visa for him to work. Are we going to encounter problems? what do we need to do? We really need him to work as the baby is just about due? help!

    Comment


    • #3
      u dont need k3 when he is already here... u need to do AOS...

      A list of all the forms to be filed with the adjustment application. You may find it useful to check your package against.

      I-485 - Adjustment of Status
      A photocopy of the birth certificate
      A photocopy of the marriage certificate
      Two ADIT photos
      A $50 check for fingerprinting
      A $255.00 check for the Adjustment of Status age 14 and over and $160 under age 14. (Fees changed as of 02/27/03)
      G-325A Biographic Info
      A photocopy of both sides of the I-94
      A photocopy of the K-1 Notice of Approval
      I-864 (Affidavit of Support to be completed by the U.S. citizen)
      "¢ last three years tax returns
      "¢ notarized
      "¢ proof of employment (two recent pay stubs)


      visit this link...
      http://www.kamya.com/aos/

      Comment


      • #4
        Isn't there something that has to be filled out to move him up from marriage to green card holder to marriage to citizen?

        Comment


        • #5
          how long can this process take?
          Originally posted by Pasha Patel:
          u dont need k3 when he is already here... u need to do AOS...

          A list of all the forms to be filed with the adjustment application. You may find it useful to check your package against.

          I-485 - Adjustment of Status
          A photocopy of the birth certificate
          A photocopy of the marriage certificate
          Two ADIT photos
          A $50 check for fingerprinting
          A $255.00 check for the Adjustment of Status age 14 and over and $160 under age 14. (Fees changed as of 02/27/03)
          G-325A Biographic Info
          A photocopy of both sides of the I-94
          A photocopy of the K-1 Notice of Approval
          I-864 (Affidavit of Support to be completed by the U.S. citizen)
          "¢ last three years tax returns
          "¢ notarized
          "¢ proof of employment (two recent pay stubs)


          visit this link...
          http://www.kamya.com/aos/

          Comment


          • #6
            It depends...havent you read experiences on that website? it should give you overall idea how long does it take? good luck

            Comment


            • #7
              CAROLINE,

              VERY IMPORTANT!!!! BEFORE YOU FILE ANYTHING LOOK AT YOUR HUSBAND'S VISA IN HIS PASSPORT AND SEE IF IT SAYS "not subject to 212(e)" or "subject to 212(e)". This could mean the difference in whether he can file or not if he came in on a J visa.

              Comment


              • #8
                He came in four years ago on his J-1 visa and we don't have that anymore. He came in this time on a visitor visa. Other lawyers have since told us that because he entered on a visitor visa and had applied for a I-130 that his entry is committing fraud. We are extremely tight for money and don't seem to be able to find anywhere to have a free consultation. We really need to have advice on our case personally as we are very concerned if he will be able to work at all and we realy can't wait much longer for this. We are thinking of maybe just leaving if it is going to be another year.

                Comment


                • #9
                  You can file for AOS, your husband was admitted to the US and a visa will be immediately available to him. Mail in your applications with a copy of your I-130 filing receipt. USCIS will pull all the files together.

                  But, there is a strong possibility that he will be denied for fraudulent entry, and he did not fulfill his two year home stay if it was required.

                  K3 is not available to you since he is in the US.

                  How long has he overstayed? The 3/10 year bar will come slamming down if he leaves the US with 180+ days of unlawful presence.

                  Comment


                  • #10
                    It is now 11 months. If he is denied what does that mean, he has to leave/can't work. We are also just about to have a baby. Does this make a difference? I also have another US citizen child here and have a nasty custody battle. This would therefore be making me choose between my husband and my older child and making him have to leave all of us.

                    Comment


                    • #11
                      If you have applied for adjustment of status then he should not currently be accumulating unlawful presence.

                      However, in the worst case scenario and he leaves the USA after an overstay... there is always the I-601 that is an available recourse... but it is a long hard journey and a big hassle, better to be avoided if at all possible.

                      6 months unlawful presence = a 3 year bar.
                      1 year + unlawful presence = a 10 year bar.

                      I would highly recommend that you seek consultation (with more than one lawyer to be sure the advice you get is 100% accurate) to determine #1 is he accumulating unlawful presence or not # 2 if he is would it better to get him out of the USA before the 10 year bar is put into place or not let him leave the country until he is legal.

                      (I tend to think that now he should stay until legal... but if he has been here for 11 months, I would definitely check into you options from more professional areas - you only have a month to make that decision!!!.)

                      If I were in your situation, I would try to aply for AOS ASAP... and try to make the receipt date at less then 12 months of "unlawful presence" because then, denied or not, the maximum possible bar would be 3 years!
                      The baby/ your usc child etc. would be helpful only in case of needing an I-601. But lets hope that is not the case

                      Comment


                      • #12
                        Thanks for all your help. I am applying for the AOS but have just been reading who is eligible for this and you are not if you overstayed a visa. This situation seems ridiculous that Me being a citizen married to him and have family here can't get around this apart from living elsewhere.

                        Comment


                        • #13
                          Your husband better find his passport with the old visa or the IAP-66 that was issued with the J visa. If he was subject to the 2-year foreign residence requirement and he failed to complete it he is barred from filing for AOS in the U.S. even if he came in on a tourist visa this time. Don't file the AOS until you check because CIS will ask about it and the burden of proof is on him to prove he wasn't subject to the 2-year foreign residence requirement.

                          Comment


                          • #14
                            My God it just gets worse. When he was on his J1 visa he lost his passport and got a new one from the British embassey in Washington. We were not sure then if he had this waiver. What can he do then?

                            Comment


                            • #15
                              Pray that CIS has the original IAP-66 (doesn't always happen). Without it you are subject until proven otherwise.

                              Comment

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