Visiting US after abandonment k1

[DeniseBill 4]

Hello everybody,

I would like to hear some thoughts on an issue I have. In 2009 I went to the United States on a K1 visa. We got married within the time limit we had. After 1 year of living there, I realized it isn't meant for me.I also got very ill and we couldnt afford hospital and doctor visits anymore. So me and my husband decided to move to Holland. I went back and started a study and such, and my husband will come and live here eventually. We never adjusted status after k1

Now I'm wondering if I will have any problems if I want to go visit my husband in the US for a month or 2. Can anyone give me some information on this. I have ties to this country including my home (rent and a year contract) my study and my medication I'll only get for 1 or 2 months which I'll need refill on once I'm back. Will they give me a hard time or am I ok with these ties?

Thank you in advance

Bill and Denise

[Sirdaniel42 86]

If you never did your AOS you can not reenter using your K-1 visa, maybe try on a VWP.

I would think that you are in their system and your K-1 application and the visa page in your passport could be a RED FLAG.

[DeniseBill 4]

I don't want to reenter on my k1 visa but on a tourist visa.

[Deputy Purple 1,294]

If you never did your AOS you can not reenter using your K-1 visa, maybe try on a VWP.

Even if she did AOS the K-1 is single entry only.

She can't use VWP because she overstayed her K-1 which only gives 90 days of authorized stay.

She'll need to apply for a B Class "Tourist" Visa but has either a 3 year or 10 year entry ban based on exactly how many days she overstayed her K-1.

Edited April 2, 2012 by Bob 4 Anna

[DeniseBill 4]

I didn't overstay. We got married within the 3 months that has been given after entry.. We just never did anything after that, and I was told by USCIS that after k1 visa you don't HAVE to do the AOS, unless you want to get a job

[Deputy Purple 1,294]

I didn't overstay. We got married within the 3 months that has been given after entry.. We just never did anything after that, and I was told by USCIS that after k1 visa you don't HAVE to do the AOS, unless you want to get a job

Yes you did overstay.

When you entered you were issued an I-94, that gave you 90 days of legal presence in the US.

You must marry the K-1 petitioner within that 90 days to be able to Adjust Status to LPR based on the K-1 entry.

Every day after the date on your I-94 that you remained in the US is one day of unlawful presence, you overstayed. The only question is by how much?

You could AoS anytime, there is no requirement that it be filed within the 90 days.

Also, FWIW, you didn't abandon your K-1 you used it as intended.

Edited April 2, 2012 by Bob 4 Anna

[DeniseBill 4]

Yes you did overstay.

When you entered you were issued an I-94, that gave you 90 days of legal presence in the US.

You must marry the K-1 petitioner within that 90 days to be able to Adjust Status to LPR based on the K-1 entry.

Every day after the date on your I-94 that you remained in the US is one day of unlawful presence, you overstayed. The only question is by how much?

You could AoS anytime, there is no requirement that it be filed within the 90 days.

Also, FWIW, you didn't abandon your K-1 you used it as intended.

I either don't understand you or you don't understand me. We did marry before the I-94 expired. But we didn't adjust status because we didn't have enough money cuz I got sick. And then we decided it was better for me to go back to Holland. I just want to know if I can go to US to visit my husband

[Sunny123 44]

Yes you did overstay.

When you entered you were issued an I-94, that gave you 90 days of legal presence in the US.

You must marry the K-1 petitioner within that 90 days to be able to Adjust Status to LPR based on the K-1 entry.

Every day after the date on your I-94 that you remained in the US is one day of unlawful presence, you overstayed. The only question is by how much?

You could AoS anytime, there is no requirement that it be filed within the 90 days.

Also, FWIW, you didn't abandon your K-1 you used it as intended.

Correction they never overstayed on their visa waiver program. Anyways they came over on their k-1 visa they will see that in their system. K-1 visa in not a 90 only get married and get out visa type of a visa. Just use the visa waiver program if you are just going for a visit.

[Deputy Purple 1,294]

I either don't understand you or you don't understand me. We did marry before the I-94 expired. But we didn't adjust status because we didn't have enough money cuz I got sick. And then we decided it was better for me to go back to Holland. I just want to know if I can go to US to visit my husband

The short answer is No, you need a Visa to enter the US, either B Class or immigrant. You no longer qualify for VWP because you did accrue unlawful presence in the US.

I'll try to explain it again.

The K-1 provided you with 90 days of lawful presence. You are required to marry within that 90 days in order to be able to Adjust Status to LPR based on that K-1 petition. If you marry after the 90 days then you can still adjust status just not based on the K-1, you would then need an approved I-130 Petition (but you could still only do this if married to the original K-1 petitioner).

Once your 90 days is up on the K-1you are "Out of Status" and accruing illegal presence until you file to Adjust Status.

If you file to Adjust Status after the 90 days of your K-1 you are not penalized for the overstay, in fact Spouses of US Citizens are never penalized for overstay when adjusting in country.

[DeniseBill 4]

I just want to go there on a tourist visa. I don't want to stay there and I have ties. I just want to know if i won't get denied entry at the airport and have a bunch of money wasted on a planeticket because i have a ban

[Deputy Purple 1,294]

Correction they never overstayed on their visa waiver program. Anyways they came over on their k-1 visa they will see that in their system. K-1 visa in not a 90 only get married and get out visa type of a visa. Just use the visa waiver program if you are just going for a visit.

She overstayed her K-1 therefore she can't use the VWP.

The K-1 is a 90 days to come and get married then apply for AOS Visa. If only allows 90 days of authorized stay, to get more you must adjust status.

If she fills out ESTA and claims to have never overstayed then she is committing Material Misrepresentation.

She will be refused entry by CBP because of the overstay ban.

I just want to go there on a tourist visa. I don't want to stay there and I have ties. I just want to know if i won't get denied entry at the airport and have a bunch of money wasted on a planeticket because i have a ban

Apply for a Tourist Visa and be ready to ask the Co who interviews you for a waiver of the ban.

How many did past your I-94 did you remain in the US?

If less than 1 year you ban is only 3 years, over a year is a 10 year ban.

[DeniseBill 4]

I stayed about 11 months after the I-94 expired. So maybe I have a 3 year ban. Which means I can't go there untill 2013?

[Deputy Purple 1,294]

I stayed about 11 months after the I-94 expired. So maybe I have a 3 year ban. Which means I can't go there untill 2013?

You can apply for a tourist visa now and tell the CO you know you overstayed but would like to request an non-immigrant entry ban waiver.

[Globe-trotter 3]

Yes you did overstay.

When you entered you were issued an I-94, that gave you 90 days of legal presence in the US.

You must marry the K-1 petitioner within that 90 days to be able to Adjust Status to LPR based on the K-1 entry.

Every day after the date on your I-94 that you remained in the US is one day of unlawful presence, you overstayed. The only question is by how much?

You could AoS anytime, there is no requirement that it be filed within the 90 days.

Also, FWIW, you didn't abandon your K-1 you used it as intended.

Hey Bob 4 Anna, I don't think you understand how the k1 visa works. She did not overstay becos she married with the 90 days time frame for a k1 visa holder. She met the requirement for k1 visa. So it will be appropriate for her to apply for spouse visa before she enters the USA becos she is married now.

[DeniseBill 4]

I don't want a spouse visa, i want a tourist visa.