Entered on K-1, married but have not filed for AOS

[zak 0]

Hi,

My wife and my step children entered the US on K-1 ans K-2 visas and we married within the 90 day limit but we have not filed the adjustment of status papers and it has been.......OK sit down....almost four years. Basically one thing after another has happened financially and just now do we have the extra money to file. We are and have been happily married and everything is fine there but I am very concerened about the lengthy overstay. I have read hundreds of other posts on the web with conflicting information. Some posts claim that a lengthy overstay is not an issue because my wife is married to a USC and others claim that USCS gave them grief because of the overstay. I have also spoken with a lawyer or two who only say that we should file right away but it should not be a problem. Is an overstay an overstay regardless of the time overstyed beyond one year? I would really love to hear from anyone who has been in my situation or has first hand knowledge of the "REAL" policy regarding this situation.

Thanks,

Zak

[KimandRuss 0]

Maybe some of the vj elders will chime in here with more wisdom but i'm pretty sure you'll be fine. They advise you not to wait because of the obvious limbo she has been in but I know others who have waited quite a while (at least a couple of years) and were fine.

Hopefully someone else will be able to give you a more concrete answer.

Good luck to you.

[rin and john 71]

Will the USCIS give you grief for the overstay? Maybe. Will they deport your wife and stepchildren? Probably not. Will they approve their AOS petition? Most likely. Nobody will be able to give you a more concrete "yes or no" answer.

You currently face two options; file AOS or not. Waiting because you are not 100% sure of the outcome will only increase the overstay. File the petition, don't leave the country, and retain a lawyer if things get messy.

Best of luck!

John

[spookyturtle 9,466]

Will the USCIS give you grief for the overstay? Maybe. Will they deport your wife and stepchildren? Probably not. Will they approve their AOS petition? Most likely. Nobody will be able to give you a more concrete "yes or no" answer.

You currently face two options; file AOS or not. Waiting because you are not 100% sure of the outcome will only increase the overstay. File the petition, don't leave the country, and retain a lawyer if things get messy.

Best of luck!

John

I agree, file now. You never know what USCIS will do, but there shouldn't be a problem as long as she doesn't leave the country. For example, someone enters on a tourist visa, overstays by a few years and marries a US citizen, they are eligible to adjust status. The problems with an overstay usually begin when you leave the country and try to re-enter.

[Joanna&Bobby 3]

Will the USCIS give you grief for the overstay? Maybe. Will they deport your wife and stepchildren? Probably not. Will they approve their AOS petition? Most likely. Nobody will be able to give you a more concrete "yes or no" answer.

You currently face two options; file AOS or not. Waiting because you are not 100% sure of the outcome will only increase the overstay. File the petition, don't leave the country, and retain a lawyer if things get messy.

Best of luck!

John

I agree, file now. You never know what USCIS will do, but there shouldn't be a problem as long as she doesn't leave the country. For example, someone enters on a tourist visa, overstays by a few years and marries a US citizen, they are eligible to adjust status. The problems with an overstay usually begin when you leave the country and try to re-enter.

I agree. I know people from my country (Poland) that came on a tourist visa and overstayed it 5 years. Got married to a US citizen and got approved for a Green Card. I am pretty sure you're ok. I would not hire an attorney, because you are going to spend a lot of money on that part, while you can absolutely file yourself. Read the guides on this website carefully and you will do it perfectly. You should make an appointment with a CIVIL SURGEON so your wife and children can get their AOS medicals done, and you're good to go. Come back to visa journey for help. I spend a lot of time on this website and I will help you if I know the answers to your questions.

Good luck, don't worry, you're going to be fine since the only thing you are obligated to do is get married within 90 days.

[Joanna&Bobby 3]

This post is from a couple of days ago, read it and see what you think...

http://www.visajourney.com/forums/index.php?showtopic=137533

[cellarlily 0]

Agreed. There's no concrete answer other than file now and keep your fingers crossed. This may necessitate an interview, so be prepared to explain why you've waited so long and gather a lot of evidence. I wouldn't sweat it too much.

[desert_fox 32]

No prob...just file the I-485's.

No one leave the country untill they have green card in hand.

[LaL 418]

I would not hire an attorney, because you are going to spend a lot of money on that part, while you can absolutely file yourself.

No one should be advocating not hiring an attorney on VJ. No one knows enough about anyone's case to say whether it is "straightforward enough" or not. Additionally we are lay people.

Edited July 9, 2008 by LaL

[zak 0]

Thanks To ALL for the encouarging information. After reading all of the posts I immeadiately filled out all of the paperwork, gathered all of the suppoting documents and we have an appointment with a civil surgeon tomorrow for the medical exam. I was just double checking everything and now realize that I never received an approval notice (I-797) prior to my then fiance entering the US. This may sound strange but what I did receive was just a letter that reads as follows:

Dear Petitioner,

The State Department's National Visa Center has recently received an approved I-129F petition filed on behalf of your fiance. This letter is to let you know that within a week the petition will be forwarded to the appropriate visa-issuing post where your visa interview will take place.

Our records show that you filed the I-129F petition for:

Name of Fiance: (My wifes name)

INS Receipt Number LIN########

(BAR CODE HERE)

Case Number: CDJ#########

The case will be processed at:

Post: Ciudad Juarez

CONSULATE GENERAL OF THE UNITED STATES, VISA UNIT

P.O. BOX 10545

EL PASO, TX, 79995-0545

USA

Your fiance will soon receive a packet with instructions from the consular section at this post on how to apply for the K-1 visa at that post and what documents will be required.

Sincerely,

Bureau of Consular Affairs

I know that I never received the I-797 approval notice because everything relating to my wife has been kept in my safe and recorded when received.

Am I screwed without this form? I know I can order one using the I-824? but according to the time table on the USCIS Web Site it could take up to 7 months. Has anyone ever seen something like the above letter in lieu of the standars I-797?

Thanks,

Zak

[payxibka 10,048]

Some have reported success in submitting the CRIS online approval message. If you are willing to take a calculated risk, submit what you have and see what happens....

[zak 0]

I don't know what CRIS is but I received this letter in the mail about six weeks prior to the interview in Juarez.

Thanks,

Zak

[Cécy 44]

The good part is that you married within the 90 days required by the K1 visa, so there is overstay but you still followed the K1 rules. I've heard of some people who filed a year after and had no issues with it.

Sure they might ask you why you didn't file but you can always explain this.

Oh and keep in mind that you can apply for the work permit along with the AOS and the fees are included. So that should help if your wife can work it will lower the financial burden.

An other thing is: I hope all your step children are still under 21 years old...

[LaL 418]

An other thing is: I hope all your step children are still under 21 years old...

Excellent reminder. I would go so far as to say if any of them is almost 20, an expedite might need to be in order.

[Joanna&Bobby 3]

I would not hire an attorney, because you are going to spend a lot of money on that part, while you can absolutely file yourself.

No one should be advocating not hiring an attorney on VJ. No one knows enough about anyone's case to say whether it is "straightforward enough" or not. Additionally we are lay people.

They can do whatever they think would be best for their case. If they think it's complicated, then they should. I am not advocating, it's my opinion, and they have their own minds to decide. I have a bad exerience with an attorney, that has been sitting on his butt for a long time before he charged over 3000 bucks for answering a couple e-mails. When I realized that I could have done everything myself I was angry. Especially now facing financial trouble.

The only advice I would have now is "think about hiring one", think it over.