I have been wanting to get my husband legal in the United States and I have't been sucessfull I was wanting to know if I can apply for a K-3 visa even if my husband is in the United States or if there was anything else I can do I was told I can apply for the green card abroad but I was needing to file a waiver due to him being it the US since he was 8 years old. Im really scared of him getting deported we have our lives and kids set here and without him I would fall in a very bad hardship. Please if someone can help I would appriciate it.
No. However, under certain circumstances (undeterminable by the information provided), if he entered the U.S. legally, under most visa categories, marriage to a U.S. citizen may allow him to adjust status even if he has overstayed the prior visa. If he entered without inspection, except for under very limited circumstances, he will not be able to adjust.
I highly recommend that you consult with a well qualified, AILA certified immigration attorney.
Get free answers from experienced attorneys.
24,185 answers this week
2,447 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary