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VisaJourney.com > US CIS and Dept of State Offices > National Visa Center (Dept of State)

Nicole270379
Hi, first of all, i just got referred to this site and as far as i see, heads up to all of you. looks like a great support site.
and now immediately to my problem blush.gif .
i came to the states 3 years ago with a nato2 visa as the dependant fo my father. i met m husband and we married this year. before we got married we were told that we wouldn't need the K-1 visa due to the fact that i am already here and my nato2 visa is valid until 2007. after the fact that we got married, we now found out that my nato visa expired the moment i married. neither ins nor the ssn administration is willing to help or able to help. what can we do now? i cannot easily leave to my homecountry to apply for an appropriate visa over there due to financial and family reasons. anybody else know anything about the way i goota go now? i read about I-566 which is a waiver of visa status and is says something about waiving from nato to immigrant. is that really the right one? i am so unsure about what to believe after this information about the K-1.
is it also right that i have to put my new family name in all the applications although i didn't officially file for a change of name yet? and where do i file for that change? the circiut court send me away. do i just include a copy of my marriage certificate as proof for the new name?

and most important, now that my visa is expired, am i illegally here now, although i am married? did we do something against the law?
i would appreciate any help.
thanx already

nicole
JenT
I would suggest hiring an immigration attorney.... your situation may be beyond what we can help you with....

Jen
mybackpages


I do know that if someone is here on a legal resident visa like a F-1 student visa, you can get married and then apply to have your status changed. It makes sense that your original visa expired since by being married you are no longer a dependent of your father.

Who told you that your visa would be valid until 2007 and you would not need a K-1? A government agency? I think they were right about not needing the K-1 since you were legally residing here, but I am not sure what steps are needed to change your staus.

I agree with the other advice given and suggest you ask for a consultation with an attorney who understands this part of immigration laws and see if there is a simple way to change your status. Good luck!

aussiewench
You may very well be able to just file for an adjustment of status as you are married to a USC. Whatever you do, do not leave the US until you have consulted with a competent immigration attorney who can best advise you given all your circumstances. It doesnt necessarily mean you have to retain the attorney, but at least get legal advice on the best route to take.

My thinking though is that you entered the US on a valid visa so there was no intent to immigrate. This being the case you might like to have a read HERE for the various forms etc that you need to file. Scroll down until you find the relevent post. Much is forgiven when one is married to a USC.
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