Can a k2 get his Green card through his married wife?
- Thread starter co.ador
- Start date
Jackolantern
Registered Users (C)
What happened with your friend's parent who entered the US with a K1? Did that parent get a green card? If yes, what stopped your friend from getting his green card at the same time?
Triple Citizen
Registered Users (C)
No. K-1 and K-2 status holders can only AOS based on their relation to the sponsor of the K-1 status holder.
unfortunately his mom couldn't marry his fiance, for health reasons. Now it seems he is trapped here with not options. I was wondering if he leave the country and ask for a waiver how long will it takes for him to come back again or staying here waiting for a reform or a pardon? What is the only way he would have here in this situation if ANY..
Thank you guys.
Thank you guys.
I-601 Provisional Waiver Is Not in Effect
I think you are asking about the "Provisional" I-601 Waiver for unlawful presence for the immediate relative of a USC. That recently announced planned change has NOT become effective yet.
Below from: http://www.uscis.gov/portal/site/us...nnel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
I-601 Provisional Waiver Is Not in Effect
USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.
These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule.
Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective.
Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams.
If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview.
Last updated:02/22/2012
I think you are asking about the "Provisional" I-601 Waiver for unlawful presence for the immediate relative of a USC. That recently announced planned change has NOT become effective yet.
Below from: http://www.uscis.gov/portal/site/us...nnel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
I-601 Provisional Waiver Is Not in Effect
USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.
These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule.
Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective.
Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams.
If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview.
Last updated:02/22/2012
Jackolantern
Registered Users (C)
How old is he? If he's younger than 18 years and 180 days, he can leave the US and get his green card through a US consulate and avoid the 3-year and 10-year ban without needing a waiver.
Jackolantern
Registered Users (C)
He is not trapped in the US. Looks like he came to the US at 19 or 20, so he should know enough about his own country to manage himself there if he leaves the US. He's not like those kids who were brought to the US before 10 years old.
The trouble is with his wife, who may have never been to that country and might not know the language. Why didn't he or she ask these immigration questions BEFORE getting married?
The trouble is with his wife, who may have never been to that country and might not know the language. Why didn't he or she ask these immigration questions BEFORE getting married?