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Immigration Issues/can i stay in the us and fle k3 and wait in the us

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QUESTION: Hi, I am a canadian citizen.  I was married by surprise 2 months ago during a vacation in the us to my usc spouse. What poses a problem now is that i returned to canada.  I want to visit the us and remain there with him as he files for an I 130 and K3 visa..i will return to canada for the k3 interview and go back to live with him..am i breaking any laws as this port of entry would technically be a visit?

ANSWER: You do not need K-3. File for Adjustment of Status here and get advance parole to travel while case is pending. As long as you have not spent more than 6 months at a time here you have not accrued any illegal time here.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Thanks Robert.
I am in Toronto.  He lives in chicago. Since my passport was swiped and I left the US I have been told that he has to now file for i-130 and I will need the K visa or otherwise it will show intent if I file within the states.  what do you think? any attorney you can refer me to as this process is spooky

Answer
I would be happy to take your case. They usually do not harass Canadians about fraud. You can come in as a visitor without visa, so there is no visa fraud. Have your passport stamped as legal entry and email me after you ar3e here.

rhollanesq@aol.com

Regards,

Robert

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