came on a k1 visa

[aussiebloke07 0]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

[panterchen 1]

Your status is illegal! However, don't leave the country because you could be subject to a ban on entering the US for some years (maybe even 10 if I remember correctly). I would suggest you search for an immigration attorney to help you in this matter.

[Gemmie 142]

I don't think you're "illegal" per se, though I've noticed that the line (and peoples interpretations) tends to be very blurry.

You married within the 90 days which is the important part, but now you're out of status. I think you're able to apply for AOS still, though don't leave the US without your greencard or AP, as you'll have problems entering again.

[payxibka 10,048]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

Your arrival status was K-1/2 and remains so until you adjust it to something else.... currently you are "out of status" and subject to deportation if discovered...

[Otto 83]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

You fulfilled your K1 by getting married within the 90 days (validity of the I-94) so you're simply Out of Status now (since the I-94 has expired). Follow the AOS guides you see at the top of the page and you should be fine.

By the way - you'll kick yourself over this - fees nearly doubled last summer.

[wifetobe 2]

You are subject to a 10 year ban if you leave the US. There is a 3 and 10 year ban or even a lifetime ban. I would get a free consultation from an immigration attorney that specialises in overstays.. if you decide to apply for AOS then I would gather sufficient material to demonstrate a bonafide marriage ie. joint bank accounts/checkings/savings, health insurance on both names, life insurance showing your spouse's name, both names on tenancy lease and bills etc. I hope everything works out for you!!

[Otto 83]

You are subject to a 10 year ban if you leave the US. There is a 3 and 10 year ban or even a lifetime ban. I would get a free consultation from an immigration attorney that specialises in overstays.. if you decide to apply for AOS then I would gather sufficient material to demonstrate a bonafide marriage ie. joint bank accounts/checkings/savings, health insurance on both names, life insurance showing your spouse's name, both names on tenancy lease and bills etc. I hope everything works out for you!!

It's not an overstay - you should seriously consider filing AOS as soon as possible though.

[diadromous mermaid 36]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

How old is your son now?

[shakira08 0]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

You still are fine except that your out of status, but not illegal. But of course better to file your AOS now togethere with your son as K2. I am sure you will get 10 yr. greencard becoz u are more than 2yr. of marriage. Also, It depends if u will have an interview or not, depends with the service center handling your papers submitted for AOS. If you submit joint bills, any accounts, insurances, pictures together and your hubby's relatives that would be a great plus also.

So i guess, submit everything ask for applying for AOS, and you will be fine. Goodluck!

[shakira08 0]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

You still are fine except that your out of status, but not illegal. But of course better to file your AOS now togethere with your son as K2. I am sure you will get 10 yr. greencard becoz u are more than 2yr. of marriage. Also, It depends if u will have an interview or not, depends with the service center handling your papers submitted for AOS. If you submit joint bills, any accounts, insurances, pictures together and your hubby's relatives that would be a great plus also.

So i guess, submit everything ask for applying for AOS, and you will be fine. Goodluck!

And one more thing, there is no deadline for AOS. But of course, u have to file adjustment of status based on Marriage. No need for attorney. You can file on your own, just follow everything ask for filing. God bless.

[aussiebloke07 0]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

How old is your son now? My son is 14 now

[ManuFred 10]

My son and i came over nearly 3 years ago on k1 fiance visa,my wife and got married with in the 90 days,since then we have not filed any more paper work.So because we got married would my status still be legal or not any help would be great thanx

You fulfilled your K1 by getting married within the 90 days (validity of the I-94) so you're simply Out of Status now (since the I-94 has expired). Follow the AOS guides you see at the top of the page and you should be fine.

By the way - you'll kick yourself over this - fees nearly doubled last summer.

File AOS (I-485) in combination with I-130. Also file for work permit since you have a work permit based on K1. (If you have ever filed for it). You want to have a new one based on I-485. You can also file for I-131 if you want to be able to leave the US.

[payxibka 10,048]

It's not an overstay - you should seriously consider filing AOS as soon as possible though.

If it is not an overstay... then what is it?