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.
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.
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