Left after K-1 w/out AP - Now to file CR-1

[interested08 1]

Hi all,

This is really a "good to see you all again" post from me. Here's the deal:

June 3rd 2011: Fiance came to the US on a K-1 Visa

July 2nd 2011: Married

September 7th 2011: Husband left the country without filing AOS, so no AP. (96 days after arrival)

Now, I know we need to file for CR-1 for him to come back. What potential problems could we face? I know that the K-1 is valid for 90 days. Will he be considered an overstay since there was no AOS? Will that trigger a ban? What else may come up?

Thank you!

[Oksana & Max 94]

There is no ban since it was less then 180 days, but I would definitely prepare a good reason, on why he left and AOS was never filed, as this would need to be explained in the interview.

[interested08 1]

Say the reason he left was because his Dad got sick and he couldn't wait to apply for Emergency AP. Do you think that the consular officer may accept that as a valid reason for leaving?