Legal Question in Immigration Law in Maryland

Re: fee adjustment

Immigration Question: (Based on the limited information I have, I cannot give legal advice and this general response should not be relied on as such.)

Entering the United States on a K-3 visa means that one enters because they have a spouse of a United States citizen. Having an approved I-130 means that a United States citizen has filed this form to establish the relationship to certain alien relatives who wish to immigrate to the United Sates. In this case, the relationship between husband and wife was established and was approved by the United States Citizenship and Immigration Service. All foreign nationals who wish to immigrate permanently to the United States must file the form DS 230 at the United States Consulate. Lastly, the I-485 is the Application to Register Permanent Residence Status or Adjust Status. The person wishing to obtain permanent resident status files the I-485.

In the above question, the fees that were paid for in obtaining the K-3 and I-130 were not wasted. Instead, the applicant had to file for the K-3 to legally enter the United States and be with her United States citizen husband. The I-130 is also necessary in order to obtain the requisite relationship between husband and wife. Without this relationship having been established, the applicant would have no legal claim to enter the United States under a K-3 visa and could not adjust her status.

Since the applicant is now in the United States on her K-3 visa, she does have to file an I-485 to adjust her status. Because the I-130 was approved, applicant is eligible to apply for the I-485. She must file this document in order to change her status from a visa holder to a legal permanent resident. There is no reason for the applicant to return to her native country as long as her K-3 visa does not expire before the filing date of the I-485.

It was important for applicant to file both the K-3 and I-130 visas. The K-3 visa allowed applicant to enter into the United States legally. The I-130 is important in continuing the process of becoming a legal permanent resident of the United States. Neither one of these forms was a waste of time or money. Call us to make an appointment. INS cases are complex and an attorney will be very helpful.