Married in US - File for K3

[gbstevens47]

I lived and worked in the US under an L1A. Left the US (terminated), returned to Canada and retired. I returned to the US as a visitor to see my girlfriend (US citizen) and we got married. Can I stay in the US while we apply for the K3? I have purchased a second home in the US but still have ties to Canada such as bank accounts, investments, and an address. I don't need to work. I just want to stay in the US legally and be with my wife. I understand that I will probably have to return to Canada to do the US Consulate part of the process. Is that correct? If so how long will that take before I can return to the US? Thanks.

[aussiewench]

You may be able to stay and adjust status in the US and not apply for a visa at all, if you entered legally/allowed entry and are otherwise eligible. I would advise at least a consult with a competent immigration attorney to go over the circumstances of your case and to ensure this is the right path for you, particularly as you also own a home in the US.

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddd6e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Have a read of this Adjustment of Status (http://www.familybasedimmigration.com/forum/showthread.php?t=271) Guide in the meantime.

[TracyTN]

I agree with aussiewench; I would at least research the possibility of staying and adjusting status. But as this can have its own pitfalls, I would at least have a consultation first with an immigration attorney to make sure this is the best course of action for you.

Good luck, and congratulations!

[Pinkpig]

I lived and worked in the US under an L1A. Left the US (terminated), returned to Canada and retired. I returned to the US as a visitor to see my girlfriend (US citizen) and we got married. Can I stay in the US while we apply for the K3? I have purchased a second home in the US but still have ties to Canada such as bank accounts, investments, and an address. I don't need to work. I just want to stay in the US legally and be with my wife. I understand that I will probably have to return to Canada to do the US Consulate part of the process. Is that correct? If so how long will that take before I can return to the US? Thanks.


Gbstevens47,

http://www.humanrightsattorney.com/sub/index.jsp?contentid=8UaXpb1ONUR67EhJmslIQrUx

click around on this site for answers to your questions.

It sounds like if you entered the US legally and did not come with immigrant intent you will be able to AOS without leaving the US.