Jump to content

15 posts in this topic

Recommended Posts

we got married a week after her visa expired, are we in trouble what do we do now????


<!--aimg-->vietnams.gif<!--Resize_Images_Hint_Text--><!--/aimg--> Trinh

Our Webpage<!--aimg-->.gif]<img src="http://www.cbtministries.org/graphics/usa-clear[1].gif" border="0" alt="IPB Image" /><!--Resize_Images_Hint_Text--><!--/aimg--> Nate

There's more to life than being really, really, really good looking....Derek Zoolander

Met on the phone September 2004

Met in Person Danang, Vietnam March 2005

got off the airplane March 23 could not sleep so got ALL paperwork done and sent March 24, 2005

First letter from <!--WORD2URL-01--><!--END WORD2URL-01-->USCIS<!--WORD2URL-02--><!--END WORD2URL-02--> April 2, 2005

Approval pending..........approve please!!!!!!

August 9, 2005 APPROVED! Finally!!!!!

October 15 Pack 3 received by MY Trinh she sends it back ASAP

January 17 06....Happy new year and interview scheduled....pass please!!!!

January 17, 2006 "PASSED!" only one out of ten. Now we buy plane ticket

February 3, 2006 Arrival to the US "Welcome to the UNITED STATES OF AMERICA!" I love life

January 16th USA time She passed!!!!! Oh MY G-D I can sleep again.

Share this post


Link to post
Share on other sites

Why did you wait until it expired???? looks like you will need to file I-130 as well as AOS...

Fiance(e)

* You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

Background

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

Think you maybe should go and see a Immigration lawyer.....

Good Luck

Kezzie

Edited by Kezzie

Share this post


Link to post
Share on other sites

please check if you get married BEFORE YOUR i-94 expires. it should be before the I-94 expires or getting married within 90 days upon arrival in the USA. i thought visa are only used to enter the USA and not included in the counting for getting married.

im not sure. but i want to know more.

Share this post


Link to post
Share on other sites

Your I-94 expires when your visa expires. The K1 visa is not just a visa that allowed you in the country, thats another visa, it has rules and restrictions, and the rule of the K1 visa is to get married WITHIN the 90 days you have before it expires. That's why you wrote a letter of intent stating that you will marry your fiancee within the 90 days of entering the USA. You may want to find a good lawyer.

Edited by Stina

Share this post


Link to post
Share on other sites
we got married a week after her visa expired, are we in trouble what do we do now????

*shakes her head* why in the world did you wait???? surely you knew the restrictions placed on the K-1? Sigh...you will most likely have to file a I-130 and go the K-3 route (I think)...and you'll most likely be in for another wait.


Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Share this post


Link to post
Share on other sites
we got married a week after her visa expired, are we in trouble what do we do now????

did you get married within the 90 days?

Your timeline says you arrived in the US on Feb 3. Feb 3 to today is 92 days.


"The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. Government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies."

Senator Barack Obama
Senate Floor Speech on Public Debt
March 16, 2006



barack-cowboy-hat.jpg
90f.JPG

Share this post


Link to post
Share on other sites
we got married a week after her visa expired, are we in trouble what do we do now????

hi, this is an FAQ

http://www.visajourney.com/faq/k1k2visa-aos.html

#6.136.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1. You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

I don't know why there'd be a need for a lawyer necessarily, and certainly the person doesn't have to leave and get a K-3--they are already *in* the US.

But first, you should make sure you did *not* marry within the 90 days. There is a date calculator here: http://www.timeanddate.com/date/duration.html

Stina, the visa expiration and I-94 validity are often not related at all. The visa is valid for 6 months from issue and must be used to enter the US before expiration. After you use it to enter, it's not valid at all.

The I-94 given at entry will be valid for 90 days; that's when the 'get married' clock starts ticking.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites

I don't think anyone will have to return to their home country, but if you did marry outside the 90 days you will need to file the I-130 also and it's pointless you filing for AP because there is now an overstay to deal with.

It's worth at least a consultation with a lawyer, or an InfoPass appointment.

:star:


Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

Share this post


Link to post
Share on other sites

Yes, I think we are mixing up the visa date and the I-94 date. The visa was granted August 9 - and it is valid for 6 months. Your fiancee arrived February 3 - one week prior to the expiration of the visa. You got married one week after the visa expired, but the 90 days didn't start until your fiancee physically arrived in the US. It looks like you got married mid-February or about 2 or 3 weeks after her arrival here, so you did indeed marry within the 90 days. I repeat, the 90 days start from her arrival. The visa is only good for a one time entry before its expiry date and once she entered the country the visa date is no longer important. So, if that is the case, go ahead and file for Adjustment of Status, Employment Authorization and Advance Parole according the the instructions pinned at the top of this forum. Good luck.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites
I don't think anyone will have to return to their home country, but if you did marry outside the 90 days you will need to file the I-130 also and it's pointless you filing for AP because there is now an overstay to deal with.

It's worth at least a consultation with a lawyer, or an InfoPass appointment.

:star:

Overstay of less than 180 does not preclude someone using Advance Parole, does it? No ban kicks in until then.

Yes, I think we are mixing up the visa date and the I-94 date. The visa was granted August 9 - and it is valid for 6 months. Your fiancee arrived February 3 - one week prior to the expiration of the visa. You got married one week after the visa expired, but the 90 days didn't start until your fiancee physically arrived in the US. It looks like you got married mid-February or about 2 or 3 weeks after her arrival here, so you did indeed marry within the 90 days. I repeat, the 90 days start from her arrival. The visa is only good for a one time entry before its expiry date and once she entered the country the visa date is no longer important. So, if that is the case, go ahead and file for Adjustment of Status, Employment Authorization and Advance Parole according the the instructions pinned at the top of this forum. Good luck.

I think that's their NOA2 date in August--looks like the visa pproval was in Jan06.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites

we got married a week after her visa expired, are we in trouble what do we do now????

*shakes her head* why in the world did you wait???? surely you knew the restrictions placed on the K-1? Sigh...you will most likely have to file a I-130 and go the K-3 route (I think)...and you'll most likely be in for another wait.

See previous posts for explanations...New Life & Sending Back

don't expect an actual answer to your question either.


20-July -03 Meet Nicole

17-May -04 Divorce Final. I-129F submitted to USCIS

02-July -04 NOA1

30-Aug -04 NOA2 (Approved)

13-Sept-04 NVC to HCMC

08-Oc t -04 Pack 3 received and sent

15-Dec -04 Pack 4 received.

24-Jan-05 Interview----------------Passed

28-Feb-05 Visa Issued

06-Mar-05 ----Nicole is here!!EVERYBODY DANCE!

10-Mar-05 --US Marriage

01-Nov-05 -AOS complete

14-Nov-07 -10 year green card approved

12-Mar-09 Citizenship Oath Montebello, CA

May '04- Mar '09! The 5 year journey is complete!

Share this post


Link to post
Share on other sites

I don't think anyone will have to return to their home country, but if you did marry outside the 90 days you will need to file the I-130 also and it's pointless you filing for AP because there is now an overstay to deal with.

It's worth at least a consultation with a lawyer, or an InfoPass appointment.

:star:

Overstay of less than 180 does not preclude someone using Advance Parole, does it? No ban kicks in until then.

That's true. Conceded ;)


Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

Share this post


Link to post
Share on other sites

we got married a week after her visa expired, are we in trouble what do we do now????

*shakes her head* why in the world did you wait???? surely you knew the restrictions placed on the K-1? Sigh...you will most likely have to file a I-130 and go the K-3 route (I think)...and you'll most likely be in for another wait.

See previous posts for explanations...New Life & Sending Back

don't expect an actual answer to your question either.

Oy. Thanks for the reminder, dale.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites

Wow just spent the last few hours reading all the links....

I thought she was going home???? looks like things changed..... lets hope for the best....

oh well I will wish them all they wish for themselves....

Kezzie

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...