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k1 or k3

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  • #16
    LOL, AHalow, I think that is more like A..ngel w/Halo instead of Alex Halow. Thank you my guardian Angel. I will do as you say............but only after I post to the question above me . Have you started celebrating your weekend early , lol.

    To Hopeful,

    You are right, a K-1 (Fiance Petition) is for when you are not married yet, a K-3 is for when you are married.

    Now, if you are married, you CAN NOT file the
    K-1. This is intended for Fiancee. I take it you are already married, if so, sorry. NO, I don't mean sorry that you are married, lol, I mean I am sorry, but you can not file the K-1 if you are married .

    Good Luck!


    • #17
      thank you feedme for your reply...yes i am married...that question was regarding a friend of mine and by the way he is from Morocco too.
      I know your guy is from over there too..
      when he arrived to the states they did not let him in..they sent him back to Morocco and asked him to file from over there because he was on a visa student here and he did not have all his hours or something like that...
      I am just wondering if beside filing for AOS he will need a waiver or no.
      Thanks again for yr reply


      • #18

        Its hard to say with the limited information provided, but it sounds likely to me that you may have to apply for a waiver (sorry!). I think you may be dealing with a situation that could require you to talk to an attorney; there is actually more than one potential problem here (there is a bar for violating student status, but another possible bar for visa over stay. If you have travel bar problem, you may have to get married before you can apply for the waiver of it, which would mean a marriage overseas).

        I know this is a little cryptic, but hope it helps. I do think you probably need to at least talk to a lawyer, because again it sounds like there could be more than one potential issue.

        Good luck!

        Alex Halow


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