Emergency situation, can I use K-3 visa?

[daminda]

Hi,
I was on H1-b visa for 8 years and i was laid off while processing the green card and my green card petition was withdrawn.

Then i was on B-2 visa which expired 30 days ago.

I have a USC girl friend.

I have to go back to Sri Lanka, where I am from, for a family emergency ASAP. What is the best options? Can I use K-3 visa?? if so any idea how long I have to stay in Sri Lanka?

thanks in advance!

 

[pvkby]

I was on H1-b visa for 8 years and i was laid off while processing the green card and my green card petition was withdrawn.

Then i was on B-2 visa which expired 30 days ago.

I have a USC girl friend.

I have to go back to Sri Lanka, where I am from, for a family emergency ASAP. What is the best options? Can I use K-3 visa?? if so any idea how long I have to stay in Sri Lanka?

when you talk about your B-2 expiring, are you talking about your visa or your status??? if your visa has expired, you can just apply for another immigrant visa back home...K-3 is not an option, since K-3 is a visa for a spouse and as you are not married yet, you cannot use it, however you can try coming back in on K-1 which is a fiance visa, if you take this route, you have to remember that it will take a few months for her I-130 to be approved. IF you are talking about B-2 status expiring 30 days ago, then you are currently out of status and since your out of status stay is pass the grace period (30 days) you are a subject to 3/10 year bar and will not be able to get back into the country on any type of visa. In this case your best option to get married, wait a few months until you get a green card and then travel back home

Good luck

 

[DJ1]

Hi,
I was on H1-b visa for 8 years and i was laid off while processing the green card and my green card petition was withdrawn.

Then i was on B-2 visa which expired 30 days ago.

I have a USC girl friend.

I have to go back to Sri Lanka, where I am from, for a family emergency ASAP. What is the best options? Can I use K-3 visa?? if so any idea how long I have to stay in Sri Lanka?

thanks in advance!

Hi ,
Just a reminder that if u are out of status in US for any period and u leave country u will be barred for re-entry from 3 years to 10 years.Check all rules and regulations.I am not a lawyer......

 

[jonty]

Hello,

K-3 visa is available to you only if you marry a US citizen and the K-1 visa is available only if you have a US citizen fiancee in the US who is ready to file a petition on your behalf. Both the visas have a processing time approximately between 6-8 months.

Hi,
I was on H1-b visa for 8 years and i was laid off while processing the green card and my green card petition was withdrawn.

Then i was on B-2 visa which expired 30 days ago.

I have a USC girl friend.

I have to go back to Sri Lanka, where I am from, for a family emergency ASAP. What is the best options? Can I use K-3 visa?? if so any idea how long I have to stay in Sri Lanka?

thanks in advance!