QUESTION
I applied for a K1 visa and did not complete the procedure, will this affect how long before we can submit the AOS application?
Asked on Feb 17th, 2012 on Immigration - California
More details to this question:
I applied for a K1 visa for my husband last year and it was approved. However we didn't complete the procedure but got married in the US in September. He's back on a visit. If we are going to file an adjustment of status will the incomplete K1 visa process affect the application? How will it affect how long before we can submit the AOS application?
4 ANSWERS
You got married but he went back to his home country and now he is coming back to the US as a tourist? You cannot just have him come as a tourist and file for adjustment of status if you have the history of the fianc? visa. You may need to petition for his immigrant visa and he would have to do consular processing in his home country.
Answered on Feb 20th, 2012 at 6:45 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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As long as he has entered the U.S. in valid status you can file to adjust here and he should be a permanent resident within four months. He will need to remain at least until he gets a travel document (advance parole).
Answered on Feb 20th, 2012 at 6:18 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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As long as he left timely and reentered with another visa, he can adjust normally.
Answered on Feb 20th, 2012 at 9:57 AM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
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This could complicate the process. But you can file for adjustment of status while in the US. However, you can have an issue with preconceived intent. Please consult an immigration attorney before filing.
Answered on Feb 17th, 2012 at 9:34 AM