Are we in trouble?

[Mrs. Disney 0]

I arrived in the US on a K-1 Visa on September 20th 2009 and got married the next day. Problem is we haven't filed for AOS yet because we had a very hard time trying to find someone to translate my birth certificate. We finally got that document translated and we are ready to file for AOS. My authorized stay was until December 19th 2009 and my visa expired on February 27th 2010, I understand I have overstayed.

Now, should we just apply for AOS like nothing happened, or do I have to do something else since I overstayed? Is this a case we should consider hiring an attorney? How deep in trouble are we?

Thank you!

[Scott and Mhay 57]

you did not overstay...you got married in the 90 days...you have no issues, just file the AOS as soon as you can.

[coraliesolms 47]

As long as you got married withing the 90 days the "overstay" will be forgiven

[mrs. wife! 3]

I think in this case she also has to file the I-130 right?

Or only if she had married out of the 90 days?

[Rhiannercakes 14]

You only file the I-130 if you marry outside the 90 days.

She'll be fine without it.

Just do AOS as soon as you can and everything will be okay.

[sachinky 464]

File for AOS from K-1. Nothing special required. You fulfilled the terms of the K-1 visa--get married to your original USC petitioner in 90 days.

Good luck!

[Mrs. Disney 0]

Thank you so much for your replies. We really wanted to do everything before my I-94 expired (hey we even got married 1 day after I arrived here) but the translation thing was really a pain in the butt and we started to freak out, even though somewhere on the instructions it says to file up to 180 days after you got out of status, before you are subject to to the 3 year ban thing. Although it also says that people who overstayed a visa is not eligible. Go figure. We will file ASAP, don't want to be out of status for such a long time.

[SPSguy 18]

I know people that have arrived on k1, married within the 180 days, yet have not filed AOS for months/years. One lady I know has been in this situation for almost ten years. She has since had two children. I think due to income reason/lack of joint sponsorship she has not completed the AOS. Having the two children makes it even more difficult because teh household size has increased thus higher income is required.

I would do the AOS soon, as laws can change quickly. Also situations change quickly.

Edited April 26, 2010 by SPSguy