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Can I get my husband a K-3 visa if he is already in the United States.

Las Cruces, NM |

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.

Attorney Answers 2


  1. No, you cannot get a K-3 in the US.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. 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.

    No information contained in this message, unless expressly denoted therefor, is intended to establish any attorney client relationship. No attorney-client relationship exists between us (Peter Acker and his associates and you) unless a written retainer or fee agreement has been signed and issued to you.

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