I really need loads of help ASAP...

[I and S 0]

Hello all,

Here is our situation, we got engaged in Pakistan and she got her K-1 visa and she arrived in U.S on 16th of April. We got married early May and then Mom pasted away in June and I had to travel back to Pakistan for a month. When I came back in July, we realized that our marriage is really weak. Too much emotional disturbance in the house just took us a apart. At this point we are both trying really hard to work on our marriage but it’s going nowhere. We have talked about it and we think maybe we need a little time apart and give each other some room to get things on the calmer side. Being in each others face is simply not helping. She would like to travel back to Pakistan for the time being.

Now that was the personal end of the story. I need help with the legal end from you guys. Here are my questions.

We haven’t filed the change of status for her yet. What is our deadline to do that?

How long is she considered legal in U.S. after entering on K-1 visa and getting married within 90 days.

If she decides to travel back to Pakistan, should we file for change of status before she leaves?

Will she be able to travel back to U.S. or will I be able to sponsor her back as a husband once she is in Pakistan without filing for change of status?

Please feel free to give as much info as possible. I am really stressed. Thanks.

[Anh map 2,098]

Your wife is currently out of status and accumulating out of status days. She has entered legally. There is no deadline for filing Adjustment of Status. Without the AOS, she is in limbo, not able to work, etc. and the worst case scenario would be deportation.

If she leaves the US now, she will not be able to enter again on the K1, it is single use.

You would have to start the process again and petition for her as a spouse (CR1).

[TayRivers 4]

Hello all,

Here is our situation, we got engaged in Pakistan and she got her K-1 visa and she arrived in U.S on 16th of April. We got married early May and then Mom pasted away in June and I had to travel back to Pakistan for a month. When I came back in July, we realized that our marriage is really weak. Too much emotional disturbance in the house just took us a apart. At this point we are both trying really hard to work on our marriage but it's going nowhere. We have talked about it and we think maybe we need a little time apart and give each other some room to get things on the calmer side. Being in each others face is simply not helping. She would like to travel back to Pakistan for the time being.

Now that was the personal end of the story. I need help with the legal end from you guys. Here are my questions.

We haven't filed the change of status for her yet. What is our deadline to do that?

How long is she considered legal in U.S. after entering on K-1 visa and getting married within 90 days.

If she decides to travel back to Pakistan, should we file for change of status before she leaves?

Will she be able to travel back to U.S. or will I be able to sponsor her back as a husband once she is in Pakistan without filing for change of status?

Please feel free to give as much info as possible. I am really stressed. Thanks.

I am sorry that you are both having major issues with your marriage. If your wife was to leave the USA without filing for AOS and getting the Advanced Parole then if she wanted to come back to the USA you would have to start from scratch with a spousal visa.

If you file for AOS and wait until she has got the Advanced Parole documents, then she can leave the USA and return as long as she is not outside the USA for more than 12 months. The problem is, if you file for AOS and she leaves the USA she will need to come back for any interview or biometrics appointment that USCIS calls her too.

If she files for AOS but does not file for the AP(advanced Parole) and she leaves the USA then she will be abandoning her application for AOS, you would then have to file for a spousal visa for her to be able to come back..

[Urge To Race 2]

This is a good assessment of the situation. OP, your wife is out of status as of the date the I94 in her passport expired.

You should file for AOS and AP, and have her leave only after the biometrics and AP are done. Then she can come back at will as long as 12 months have not passed. If there is an interview, she must come back for that. If you do not want to spend the money for AOS now, are not sure if the marriage will survive, then she can go back, but you will start from step one with an I130 for a CR1 visa (which will also result in a GC upon entry). This takes some time (check the timelines). I am not sure what her accumulated overstay might mean in terms of a ban when going for a CR1 if she just leaves now.

Hello all,

Here is our situation, we got engaged in Pakistan and she got her K-1 visa and she arrived in U.S on 16th of April. We got married early May and then Mom pasted away in June and I had to travel back to Pakistan for a month. When I came back in July, we realized that our marriage is really weak. Too much emotional disturbance in the house just took us a apart. At this point we are both trying really hard to work on our marriage but it's going nowhere. We have talked about it and we think maybe we need a little time apart and give each other some room to get things on the calmer side. Being in each others face is simply not helping. She would like to travel back to Pakistan for the time being.

Now that was the personal end of the story. I need help with the legal end from you guys. Here are my questions.

We haven't filed the change of status for her yet. What is our deadline to do that?

How long is she considered legal in U.S. after entering on K-1 visa and getting married within 90 days.

If she decides to travel back to Pakistan, should we file for change of status before she leaves?

Will she be able to travel back to U.S. or will I be able to sponsor her back as a husband once she is in Pakistan without filing for change of status?

Please feel free to give as much info as possible. I am really stressed. Thanks.

I am sorry that you are both having major issues with your marriage. If your wife was to leave the USA without filing for AOS and getting the Advanced Parole then if she wanted to come back to the USA you would have to start from scratch with a spousal visa.

If you file for AOS and wait until she has got the Advanced Parole documents, then she can leave the USA and return as long as she is not outside the USA for more than 12 months. The problem is, if you file for AOS and she leaves the USA she will need to come back for any interview or biometrics appointment that USCIS calls her too.

If she files for AOS but does not file for the AP(advanced Parole) and she leaves the USA then she will be abandoning her application for AOS, you would then have to file for a spousal visa for her to be able to come back..

[katej0203 1]

Sorry to hear you are having marriage troubles, and of the loss of your family member.

As mentioned by a previous poster, you really dont need to worry about deportation. Your wife entered in a K1 visa and you were married within 90 days, so everything is legal. It really doesnt matter how long after the marriage it takes to apply for AOS.

But, the important thing is that your wife cannot leave the US without her Advanced Parole. If she does, then your visa process will be considered "abandoned", and you will have to start from the beginning again. Advanced Parole is filed along with AOS, and takes an average of 3 months from filing.

Good Luck, and hope things work out.

[niniel71 0]

A short visit back to the home country is fine during AOS. But hmmmm..... I'm not sure how you can prove a bonifide marriage if she leaves right after getting AP then only comes back right before the interview. That would look very suspicious. Hopefully things work out for you.