Expired K-1 Visa

[aqua33 0]

Hi, I am in dispirately need an advice . i have a k-1 visa and its expired i got here in US Nov , 2009 and until now i have not change my status . i have a 13 years old daughter . the reason why my status is not been apply is because of financial problem. any advice that would be help me tremendously.

Sincerely ,

Aqua33

[americabidol 17]

Did you get married within 90 days of entering on the K1?

[Pinkrlion 2,612]

Hi, I am in dispirately need an advice . i have a k-1 visa and its expired i got here in US Nov , 2009 and until now i have not change my status . i have a 13 years old daughter . the reason why my status is not been apply is because of financial problem. any advice that would be help me tremendously.

Sincerely ,

Aqua33

What are you asking advise for?? You will not be able to do anything until you adjust your status.

[HK12 273]

Did you get married to your K1 U.S. Citizen?

[aqua33 0]

Hi, I am in dispirately need an advice . i have a k-1 visa and its expired i got here in US Nov , 2009 and until now i have not change my status . i have a 13 years old daughter . the reason why my status is not been apply is because of financial problem. any advice that would be help me tremendously.

Sincerely ,

Aqua33

yes we get married before 90 days , my concern is .will i be deported or something ?

Did you get married to your K1 U.S. Citizen?

yes

[Inky 1,110]

yes we get married before 90 days , my concern is .will i be deported or something ?

Yes you can be deported if you are caught.

[gary9891 10]

Hi, I am in dispirately need an advice . i have a k-1 visa and its expired i got here in US Nov , 2009 and until now i have not change my status . i have a 13 years old daughter . the reason why my status is not been apply is because of financial problem. any advice that would be help me tremendously.

Sincerely ,

Aqua33

Your K-1 visa expired the minute the INS officer at the POE stamped your passport. Once you enter the USA as a K-1, you have 90 days to marry. Did you marry within the 90 days of entry?

If you did marry within 90 days, you are just in a sort of a legal gray area. 5 or so years not filing for AOS is a bit long. By all means carry your passport with you along with a copy of your marriage license in case you are ever stopped by law enforcement. I strongly recommend you save the approx. 1000 dollars it takes for processing the AOS.

If you did not marry within the 90 days you are definitely out of status.

[aqua33 0]

Your K-1 visa expired the minute the INS officer at the POE stamped your passport. Once you enter the USA as a K-1, you have 90 days to marry. Did you marry within the 90 days of entry?

If you did marry within 90 days, you are just in a sort of a legal gray area. 5 or so years not filing for AOS is a bit long. By all means carry your passport with you along with a copy of your marriage license in case you are ever stopped by law enforcement. I strongly recommend you save the approx. 1000 dollars it takes for processing the AOS.

If you did not marry within the 90 days you are definitely out of status.

Yes , i got married with in 90 days of entry , my husband got sick and out of work for 2 years and just got better . my passport is expired too but i have a marraige license with me all the time . trying my best to save money for my papers for me and my daughter . just scared that me and my daughter will be deported

[Darnell 8,478]

the fix:

1. on you: file I-130 + I-485 set to uscis. There's ancilliary forms also.

2. on the daughter: file I-130 + I-485 set to uscis. There's ancilliary forms also.

The good news? You are allowed to adjust status with these formsets, as you came in on a K-1 visa. The overstay will be forgiven as you fulfilled the requirements of the K-1 visa (get married within 90 days of the POE).

It's rare someone waits more than 2 years to file - but the good news? After the interview, you'll get a 10 year greencard.

Here is your guide - please follow it: http://www.visajourney.com/content/i130guide2

Note the fee is more , than if you just filed normal AOS (without the I-130) within 2 years of marriage.

Good Luck !

[Penguin_ie 5,986]

*** Moving from K1 to AOS from Family Visa as OP is already in the USA *****

[didopage 337]

Yes , i got married with in 90 days of entry , my husband got sick and out of work for 2 years and just got better . my passport is expired too but i have a marraige license with me all the time . trying my best to save money for my papers for me and my daughter . just scared that me and my daughter will be deported

You may not be deported, just stay "invisible" and don't do silly things, but hurry to save the money to file your AOS for you and your daughter.

I-130 is $420 (to be filed by your US spouse), I-485 is $1,070.

The AOS form (I-485) is a little cheaper for your daughter as she's less than 14.

Once you file and send all those forms (plus others, as Darnell said), you will receive some letters called notices of action from the USCIS and you and your daughter' status will be then protected (as "pending adjustment of status").

Don't leave the US until your AOS is approved.

I hope your finances will quickly allow you to file those forms now that your husband is getting better. Good luck.

Edited March 11, 2013 by didopage

[aqua33 0]

You may not be deported, just stay "invisible" and don't do silly things, but hurry to save the money to file your AOS for you and your daughter.

I-130 is $420 (to be filed by your US spouse), I-485 is $1,070.

The AOS form (I-485) is a little cheaper for your daughter as she's less than 14.

Once you file and send all those forms (plus others, as Darnell said), you will receive some letters called notices of action from the USCIS and you and your daughter' status will be then protected (as "pending adjustment of status").

Don't leave the US until your AOS is approved.

I hope your finances will quickly allow you to file those forms now that your husband is getting better. Good luck.

Thank you so much for your help.really appreciate it.

[aqua33 0]

Hi there , please need help , I g

Finally filled my AOS last Sept . 2013 and me and my daughter had a biometric screening after we have the letter from USCIS , and first week of Oct . I received a letter from USCIS , that they are asking for initial evidence the I-864 and the 3 years of my husband latest tax return . And on October 27 I submitted the I-864 and the 3 years of income tax but the problem is I got a letter from IRs that the w-7 is denied because the Social security number is missing . So now my question is does it affect my AOS application ? And last mont Feb , since my 1-485 is on the process I applied for EMployment Authorization so I can atleast work , coz my husband is out of work and now he is in Disability , hoping to hear that my EMployment Authorization will be approved . Advice is greatly appreciated .