Legal Question in Immigration Law in Florida

C1d

I understand that I have to go back to my home country to apply for a K3 visa,but my concern is that we might be unable to get married now while I'm still in the US, because of many restrictions that a C1D visa has.Would that be a problem later on,when we'll apply for a K3 or CR1 visa from my home country??

Thank you.


Asked on 5/04/09, 1:09 pm

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: C1d

Dear Inquirer:

A C-1/D visa holder is only eligible to adjust status if he is eligible under Section 245(i), which means that he would have to be the beneficiary of an immigrant visa petition or labor certification filed on or before April 30, 2001 at the latest.

If you are not eligible under 245(i), then we are looking at the Immigrant Visa option. You may get married in the US even if you are not eligible for adjustment of status. Keep in mind that if you have been unlawfully present in the US, you may be deemed inadmissible to the US following your departure, which would necessitate filing a waiver application based on hardship to your US Citizen spouse.

Please email us at [email protected] or visit our website at www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation.

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Answered on 5/04/09, 2:10 pm


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