mayash
05-14-2008, 01:27 AM
Hi All,
I have been reading this forum for the past several hours and really appreciate the responses on each ones problems. Cant even imagine how helpful this is for people like me who get a word from experienced / knowledgeable individuals.
My case is a bit complicated and I am not even sure yet if this is the right place to pose my question.
I had come to US on a K3 visa (on the basis of my previous marriage, the marriage ended in a divorce). I stayed back since had not been able to fully absorb the shock. In the meantime I met another wonderful person who I got married to. I have a 2yrold daughter with my current husband. I am currently out of status as my k3 visa expired but my husband who is a US citizen now is willing to file a greencard petition for me.
(1) If I entered US on a k3 visa and did not adjust my status, can I adjust it based on marriage to another USC? (my current marriage is 4rs old and have a 2yr old daughter)
I have spoken to some attorneys and they think going for consular processing followed by a waiver 601 is my only option. (still I am not convinced this is the only option)
(2)Should I file for I-485 and go for voluntary deportation or wait untill the INS catches up and forces me to do so??? (I have never had any troubles except one speeding ticket)
(3)If I have to file a waiver does anyone have any experience with the Indian consulate? the processing times and my chances of getting one???
I am really scared with this waiver thing since its going to be disturbing my family life... Would appreciate the responses on my questions. Thanx again
I have been reading this forum for the past several hours and really appreciate the responses on each ones problems. Cant even imagine how helpful this is for people like me who get a word from experienced / knowledgeable individuals.
My case is a bit complicated and I am not even sure yet if this is the right place to pose my question.
I had come to US on a K3 visa (on the basis of my previous marriage, the marriage ended in a divorce). I stayed back since had not been able to fully absorb the shock. In the meantime I met another wonderful person who I got married to. I have a 2yrold daughter with my current husband. I am currently out of status as my k3 visa expired but my husband who is a US citizen now is willing to file a greencard petition for me.
(1) If I entered US on a k3 visa and did not adjust my status, can I adjust it based on marriage to another USC? (my current marriage is 4rs old and have a 2yr old daughter)
I have spoken to some attorneys and they think going for consular processing followed by a waiver 601 is my only option. (still I am not convinced this is the only option)
(2)Should I file for I-485 and go for voluntary deportation or wait untill the INS catches up and forces me to do so??? (I have never had any troubles except one speeding ticket)
(3)If I have to file a waiver does anyone have any experience with the Indian consulate? the processing times and my chances of getting one???
I am really scared with this waiver thing since its going to be disturbing my family life... Would appreciate the responses on my questions. Thanx again