What to do now?

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Old Jun 26th 2006, 1:39 am
  #1  
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Default What to do now?

Hi..
Im sure most of you are aware of the predicament we our in reference myself and my wife getting re united in the states etc(after marrying on the 97th day then myself leaving the US without parole with no paperwork filed)
Now all i ask: Is there anyway the situation can be salvaged through an attorney or do we have to start the process all over again?
We were under alot of stress which led to harsh decisions being made and myself leaving the US..
We can only blame ourselfs for making a mess of the process but if theres any hope of rectifying the situation..please advise etc....thanks
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Old Jun 26th 2006, 1:59 am
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Default Re: What to do now?

Originally Posted by Englishoak
Hi..
Im sure most of you are aware of the predicament we our in reference myself and my wife getting re united in the states etc(after marrying on the 97th day then myself leaving the US without parole with no paperwork filed)
Now all i ask: Is there anyway the situation can be salvaged through an attorney or do we have to start the process all over again?
We were under alot of stress which led to harsh decisions being made and myself leaving the US..
We can only blame ourselfs for making a mess of the process but if theres any hope of rectifying the situation..please advise etc....thanks
If you entered the USA on your K-1, then married, then left the USA w/o filing the AOS paperwork......then as far as I know, you guys will have to pursue the spousal visa now. Have your wife file the I-130 (and then maybe the I-129F as a backup for the K-3), and go from there. Eventually you'll get your Immigrant Visa, and when you enter the USA you'll automatically have PR status, your green card will come shortly in the mail.

If you feel more comfortable using an attorney's services, by all means it's a good idea, but an attorney won't "speed up" or "salvage" the processes. But he will make sure all the paperwork gets filed correctly and will get a copy of anything USCIS sends out.

I don't think there's any way to salvage what you have already done. Your K-1 visa is used up, you didn't file AOS, and therefore don't have AP allowing you back into the USA to continue the AOS process.

In my opinion, you'll have to start over with the spousal immigrant visa process.

Best Wishes,
Rene
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Old Jun 26th 2006, 1:59 am
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Default Re: What to do now?

Originally Posted by Englishoak
Hi..
Im sure most of you are aware of the predicament we our in reference myself and my wife getting re united in the states etc(after marrying on the 97th day then myself leaving the US without parole with no paperwork filed)
Now all i ask: Is there anyway the situation can be salvaged through an attorney or do we have to start the process all over again?
We were under alot of stress which led to harsh decisions being made and myself leaving the US..
We can only blame ourselfs for making a mess of the process but if theres any hope of rectifying the situation..please advise etc....thanks

Okay, so now you are married - your USC wife is in the US and you are back in the UK.... correct?

Sounds like a K3 to me...
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Old Jun 26th 2006, 2:17 am
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Default Re: What to do now?

Originally Posted by Elvira
Okay, so now you are married - your USC wife is in the US and you are back in the UK.... correct?

Sounds like a K3 to me...
You are correct...but we married after the 90th day and that is my concern also...
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Old Jun 26th 2006, 2:19 am
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Default Re: What to do now?

Can't resurrect a dead horse. He violated the K-1 in any case by marrying on the 97th day instead within the 90 days required period.

Your suggestion is the only way to go.


Originally Posted by Noorah101
If you entered the USA on your K-1, then married, then left the USA w/o filing the AOS paperwork......then as far as I know, you guys will have to pursue the spousal visa now. Have your wife file the I-130 (and then maybe the I-129F as a backup for the K-3), and go from there. Eventually you'll get your Immigrant Visa, and when you enter the USA you'll automatically have PR status, your green card will come shortly in the mail.

If you feel more comfortable using an attorney's services, by all means it's a good idea, but an attorney won't "speed up" or "salvage" the processes. But he will make sure all the paperwork gets filed correctly and will get a copy of anything USCIS sends out.

I don't think there's any way to salvage what you have already done. Your K-1 visa is used up, you didn't file AOS, and therefore don't have AP allowing you back into the USA to continue the AOS process.

In my opinion, you'll have to start over with the spousal immigrant visa process.

Best Wishes,
Rene
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Old Jun 26th 2006, 2:24 am
  #6  
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Default Re: What to do now?

Originally Posted by Englishoak
You are correct...but we married after the 90th day and that is my concern also...
Now that you'll be pursuing a different visa altogether, the fact that you married after 90 days no longer matters.

Rene
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Old Jun 26th 2006, 2:48 am
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Default Re: What to do now?

Originally Posted by Noorah101
Now that you'll be pursuing a different visa altogether, the fact that you married after 90 days no longer matters.

Rene
Thanks for all your comments and your input..
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