I applied for a K1 visa and did not complete the procedure, will this affect how long before we can submit the AOS application? 5 Answers as of February 20, 2012
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?Free Case Evaluation by a Local Lawyer!
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Law Offices of Svetlana Boukhny | Svetlana Boukhny
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.
Answer Applies to: California
Replied: 2/20/2012
Feldman Feldman & Associates, PC | Lynne Feldman
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).
Answer Applies to: California
Replied: 2/20/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
As long as he left timely and reentered with another visa, he can adjust normally.
Answer Applies to: California
Replied: 2/20/2012
World Esquire Law Firm | Aime Katambwe
The K-1 process is valid as long as the I-130 is still pending, once the I-130 is approved, your application becomes a regular immigrant visa application and will proceed through the regular process. But I don't understand why you are bothering with a K-1 if you are a USC and your husband is here in the US on visit (with a visa). Why don't you just file your AOS and go through the adjustment process? Much quicker and simpler; we can help.
Answer Applies to: California
Replied: 2/17/2012
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
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.
Answer Applies to: California
Replied: 2/17/2012
