K-1 Visa Overstay?

[DeanHey 0]

Hello. My wife and I received the K-1 Visa. We married July 1st, and her Visa was set to expire on July 19th (meaning, we had to get married by that date). We have all the forms ready, but were waiting for our cosigner (my brother) to send his financial information. It took a long time due to a number of reasons, but we have finally gotten the information from him as of last week.

However, we have been having a lot of problems since she moved to the USA. We have been dating for 3 years, but her underlying mental condition has been getting more apparent, and my law school schedule and her new environment have really made it worse for her. Her family and mine are in fear of her being a danger to herself, and are looking to see if she can go back to Japan to get treatment in an environment she's comfortable in, and then reapply for the K-3 Visa when she is better? I think she's technically overstayed her visa as we have not sent in the follow up forms after getting married, and is out of status until we submit those forms. However, her condition has been getting worse.

Is it possible for her to return home, and then receive the K3 later? Would she be able to visit the USA on short stays before receiving her K3? I would prefer to just submit the current forms and apply for a permit for her to leave and re-enter on a different date, but I honestly don't think that's the best thing for her right now. I believe she's within the 180 days of the overstay, so am under the impression that everything will be alright, but any advice you can give would be extremely helpful. Thank you.

[canadian_wife 1,831]

Her visa become null and void as soon as she entered the US. What is the expiration date on her I94?

Good luck

[DeanHey 0]

Her visa become null and void as soon as she entered the US. What is the expiration date on her I94?

Good luck

I think her I94 cut off on July 19th. She came in in April, and July 19th was the 3 month cut off date. I think all that was left to do was turning in the AOS forms.

[Brother Hesekiel 2,236]

The only requirement of the K-1 was to get married within 90 days. There is no time limit to file for AoS. If you need more time, take more time.

[TBoneTX 49,431]

Out of curiosity, did (does) your wife have accounts on here as shirorisu or hamtaro?

[JimVaPhuong 4,865]

She can leave without incurring a ban if she leaves less than 180 days after her I-94 expires.

Be extremely careful in any future filing about what you choose to divulge regarding her mental condition. An alien is inadmissible to the United States if they have been determined...

to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior

CO's aren't medical doctors, and they don't even attempt to make this evaluation on their own. If you admit that she returned home for treatment of a mental illness that involved self-harm then they'll just presume she's inadmissible under INA 212(a)(1)(A)(iii)(II), and you'll need a truckload of medical evaluations to convince them otherwise.

[john_and_marlene 162]

The only requirement of the K-1 was to get married within 90 days. There is no time limit to file for AoS. If you need more time, take more time.

Dangerous advice. -1

She is accruing time out of status. If she accumulates 180+ days and subsequently exits the U.S. without adjusting status, she will incur a bar.

[DeanHey 0]

Thanks for all the advice.

So if she went home within those 180 days, we could just resubmit Visa information (this time, K-3 instead of K-1) right? Yeah I was worried that she had already overstayed for too long.

And no, she hasn't posted on here before I'm sure. I think she was using a Japanese site way back because she doesn't really speak English yet.