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PurpleSky

Possible Ramifications of Marrying & Overstaying Visa?

By PurpleSky in IR-1 / CR-1 Spouse Visa Process & Procedures

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PurpleSky Enthusiast

PurpleSky   19

Posted
Filed: K-1 Visa Country: Gambia
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Posted

Hey ya'll, I have a question...

I was recently engaged in a conversation with someone who has a fiancee here on a Visitor's Visa. She's been coming back and forth to visit with him for about a year or so. Well this trip, they decide they want to get married but figured there's no rush. He specifically said to me, her visa runs out tomorrow (which was yesterday) but we'll just get married next week and she'll be able to stay. I told him that it would be wise to marry before her visa runs out (even if it's just a civil ceremony) so he can file AOS. He said no, he'll just do it the way they'd originally planned and if she was told she had to leave the country she'd only have to be gone for the amount of time her visa was overstayed.

That just doesn't sound right to me. What would be the real likely outcome of this situation?

tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

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pushbrk Grand Master

pushbrk   12,106

Posted
Filed: Other Country: China
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Posted

The over stayed will be forgiven during the AOS process.

If the AOS process is successful and she stays until it is complete, yes.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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PurpleSky Enthusiast

PurpleSky   19

Posted
Filed: K-1 Visa Country: Gambia
 Timeline
  • Author
Posted

That's certainly a relief. I guess I was uneasy because when I said file the Adjustment of Status, he said "what's that"? LOL

tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

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