Converting B1 Visa to K3 Visa

[markiz]

What is the name of your state? Washington

Hi,

Last November 2005, I got married to an American citizen using a B1 Visa. I went back to my country while we follow the normal K3 procedures. The petition was returned several times due to some incomplete or misunderstood instructions. Incidentally, my employer sent me to the US again for a business trip good for 3 months. I arrived here May 8, 2006. My husband and I decided that I should stay due to the lengthy process of the K3 Visa. My employer gave me the blessings to stay in the US fortunately so, I filed my resignation. Now, my B1 Visa expires August 6 and we're trying to adjust/convert/change my VISA from B1 to K3. Luckily, I tried applying for a job here and was accepted. Based on our research, we can file the I-539 (Application to Extend/Change to NonImmigrant Status), it says that, a spouse (K-3) of a US citizen and their children accorded to such pursuant to the LIFE Act may not change to another immigrant status. EXCEPTION: K-3 and K-4 are eligible to apply for an extension of status. They should file for an extension during the processing of the form I-130 filed on their behalf up to the completion of the adjustment of status application.

This is quite confusing. What are the procedures we need to do to be able to change my VISA without leaving the US?

Thanks for all the help.

WorriedWife

 

[evcalyptos]

What is the name of your state? Washington

Hi,

Last November 2005, I got married to an American citizen using a B1 Visa. I went back to my country while we follow the normal K3 procedures. The petition was returned several times due to some incomplete or misunderstood instructions. Incidentally, my employer sent me to the US again for a business trip good for 3 months. I arrived here May 8, 2006. My husband and I decided that I should stay due to the lengthy process of the K3 Visa. My employer gave me the blessings to stay in the US fortunately so, I filed my resignation. Now, my B1 Visa expires August 6 and we're trying to adjust/convert/change my VISA from B1 to K3. Luckily, I tried applying for a job here and was accepted. Based on our research, we can file the I-539 (Application to Extend/Change to NonImmigrant Status), it says that, a spouse (K-3) of a US citizen and their children accorded to such pursuant to the LIFE Act may not change to another immigrant status. EXCEPTION: K-3 and K-4 are eligible to apply for an extension of status. They should file for an extension during the processing of the form I-130 filed on their behalf up to the completion of the adjustment of status application.

This is quite confusing. What are the procedures we need to do to be able to change my VISA without leaving the US?

Thanks for all the help.

WorriedWife

Hello,
You have mixed up several terminologies and that is probably making it hard for you to find information.

You can NOT change to a K-3 visa. Visas are for getting into the US, and you have already done that.

If you have decided to stay, and are comfortable with the risks involved with that (if you are not comfortable or do not know the risks you should meet in private with an immigration attorney or immigrant's assistance group like Catholic Charities), then you can apply to adjust status to permanent resident.

Not to be mean, but I would say that your research has not been very good since you made several errors with the petitions and the other research you mention. You do not want to extend your status, or change it; you must ADJUST status.
You also may not work until your status is adjusted unless you have applied for an employment authorization document.

Your case is now further complicated by the petitions that you have already filed; they present a bit of a problem for you. I really suggest that you meet with someone who knows how to do this as error from this point forward might have more serious consequences, like you being asked to leave, or not allowed back if you travel out of the US. Do NOT leave the US until you --know-- that you have documentary permission to come back in.

You can meet with a lawyer for a couple of hundred dollars. Saving yourself time is going to cost you money, but that's always the way, isn't it!
Read this before you meet with a lawyer: http://www.uscis.gov/graphics/howdoi/legpermres.htm

 

[AHA]

Yeah, it will be very tricky to convince USCIS that there was NO intention of remaining in the US after entering as a tourist, when the K3 visa process had already started. THAT proves intention, and since entering as a tourist with intention of remaining is illegal, a VERY experienced lawyer would be a MUST expense. I, for one, would go back home and wait out the process and have no worries once moving to the US.

 

[markiz]

Thank you so much for all the replies.

I think I didn't make myself clear enough. I apologize for that. Btw, we got married here in the US. My husband and I did follow the normal K-3 procedures but when my husband submitted the K-3 petition, it was returned due to incompleteness several times. We were not yet given an NOA receipt (which should be the acknowledgment that they have received the petition). So, technically, please correct me if I'm wrong, the whole K-3 process has not yet started (?) If our assumptions are correct, can we file the adjustment of status and the employment authorization at the same time?

Thank you once again. God bless

Regards,
WorriedWife

 

[ImmigAttyLana]

But even if you have not filed the I-129F, you DID file the I-130 petition which also would establish your immigrant intent.

Lana
Immigration Attorney

 

[AHA]

Thank you so much for all the replies.

I think I didn't make myself clear enough. I apologize for that. Btw, we got married here in the US. My husband and I did follow the normal K-3 procedures but when my husband submitted the K-3 petition, it was returned due to incompleteness several times. We were not yet given an NOA receipt (which should be the acknowledgment that they have received the petition). So, technically, please correct me if I'm wrong, the whole K-3 process has not yet started (?) If our assumptions are correct, can we file the adjustment of status and the employment authorization at the same time?

Thank you once again. God bless

Regards,
WorriedWife

Unless you plan on breaking into their offices and stealing the petition you mailed, you can't avoid them getting it since it's already been mailed.