Legal Question in Immigration Law in Kentucky

I am a US Citizen married to a Canadian, he lives in Canada (he had overstayed in the states for 2 years before going home) and I live in the states. I want to sponsor him to come live in the states. What do I have to do to make that happen? How long will it take? If he applies for the K3 Fiance Visa will he be allowed to work right away when he comes to the states, and will he also have to file to adjust his status? I heard about a CR/IR1, is that different from filing for the K3 Visa? Is there any possibility that he could return to the US and I could file for him to adjust status there? He never received an I-94 card from Canada when he came in to begin with.

Asked on 6/06/12, 10:00 am

1 Answer from Attorneys

Michael Cho Law Offices of Michael Cho
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What visa did he enter the US with when he overstayed for 2 years?

It sounds like he may have to apply for the I-601 waiver in conjunction with the K-3 visa/LPR process. It will take over 6 months to complete.

You may contact me for a free consultation here:

http://www.msclaw.com/index.php?page=Consultation_Request

You may find more information on the K-3 and I-601 waiver processes here:

http://www.msclaw.com/index.php?page=K_3_Spousal_Visa

http://www.msclaw.com/index.php?page=i-601-unlawful-presence-waiver

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Answered on 6/06/12, 10:17 am

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