Hello everyone...im new on this site and i just found out that this site is very helpful.i am having a delimma right now.i am married to my beloved wife but she overstayed here for 3 years.she used a K1 visa before but things didnt work out with her Ex-Fiance but she didnt went back to her country and chose to stay here... is there any posibilities for her to get a greencard?i am a USC and i love my wife so much...please

You need to hire a lawyer pronto.

You can file to bring her here. They will at somepoint deny it because of the ban but should tell you about applying for wavier. Since you know that is coming you can use the time to have it prepared and then make last minute adjustments to exactly fit what their rejection letter states.

She is already here....she didnt go back.


The law only permits a K-1 visa holder to adjust status based upon marriage to the original petitioner. This provision was put into the law to prevent visa fraud.

There is nothing that she can do here in the US.....talk over your options with an immigration attorney.

This is a very common case, but one that is difficult to fix.

What you must do is apply for an I-130 for your wife. She cannot adjust status from within the United States because she did not adjust status based on the original USC fiance.

As a result, she will have to interview at a consulate in her home country. She will be denied the visa, and will have to apply for an I-601 Hardship waiver to overcome the ten-year bar she will have as a result of her three year overstay. You will have to prove that it will cause you, the USC, extreme hardship if your wife is not allowed to return to the United States to live with you.

The process up to the interview will take several months (probably close to a year) therefore you will have a lot of time to prepare your waiver.

I recommend visiting immigrate2us.net for ideas. . .it is a VERY helpful site.

Her K1 expired long ago. She overstayed and is now married. She isn't trying to adjust from the original K1 with a different man. The overstay is long enough that there would be a 10 year ban. If They file for k3/cr1 they will be denied due the overstay ( hopefully they don't add immigration fraud/ misrepresentation ) At that point he should be able to file a wavier.

See original post below (emphasis added to original post)



The way it sounds, she is still in the country, and he wants to make her "legal." I was just explaining what he could and couldn't do from that respect.

thank you for the replies! i appreciate it...

You will want to look into waivers through Manila specifically as each office is different in term of response time and approval rates. I believe Manila is one of the toughest so do your research and be prepared.

To repeat advice already given--go to immigrate2us.net and look for couples who have been through Manila.