Big Problem

[j220 0]

My friend brought her now husband here under a k1 visa, he arrived around 8/2013, his I-94 expired 11/4/2013... and the visa expired jan/2014...she and him got married the same month he arrived...but because of money issues they did not do the AOS yet....He had an emergency back home and left the country. Im telling my friend I dont think her husband can come back easily. Please what are his options now?

[belinda63 3,038]

File for a spousal visa. The K-1 is a single entry visa and he has already had his one entry. The good news is that with the CR-1 he will have his green card (by way of stamp) when he enters the US and can begin working as soon as he gets his social security card. The actual green card will come by mail a month or so after he arrives.

[Penguin_ie 5,994]

Belinda is correct, she needs to file for a spousal visa. The process takes about a year.

[j220 0]

I knew it wasnt going to easy but i didnt know they have to start all over again.... okay wow...Thank you for your responses.

[j220 0]

File for a spousal visa. The K-1 is a single entry visa and he has already had his one entry. The good news is that with the CR-1 he will have his green card (by way of stamp) when he enters the US and can begin working as soon as he gets his social security card. The actual green card will come by mail a month or so after he arrives.

Thank you for your response, but he has his social security card already and he even has a bank account....so they can't just pay a fine and get the visa reissued or something?

[slowlyman 118]

A SSN & bank account do not give immigration status. They must start over with a CR-1 application, and pay the associated fees. (expect to wait about a year)

Also the K-1 visa expired on arrival 8-20. He has been out of status since the I-94 expired 11-4. Depending on when he actually left, he may have accumulated more then 90 days of overstay which will need to be stated on the Visa application.

Edited March 2, 2014 by slowlyman

[j220 0]

A SSN & bank account do not give immigration status. They must start over with a CR-1 application, and pay the associated fees. (expect to wait about a year)

Also the K-1 visa expired on arrival 8-20. He has been out of status since the I-94 expired 11-4. Depending on when he actually left, he may have accumulated more then 90 days of overstay which will need to be stated on the Visa application.

He just left the country on 2/20/2014....Thank you

[slowlyman 118]

So that will be 105 days of overstay

[j220 0]

So that will be 105 days of overstay

Wow okay thank you...

[christeen 966]

They must file an I130 and apply for the CR1 visa... He no longer holds a valid visa for entry and a k1 is a 1 time use only.. Once activated, that's it... Sorry, they have to start over...

[Justine+David 218]

I guess I'm a little confused. How was he able to find money to fly back home but not file to adjust status? Adjusting status should be his number one priority because of this exact situation. Unfortunately, he will have to start all over again with the immigration process.

[Mela17 36]

I don't think he accumulated overstay because after you get married you then enter into a period of authorized stay sanctioned by the attorney general. But yes, your friend still must file a CR-1

[slowlyman 118]

You enter a period of authorized stay while the AOS is pending. If you do nothing after the I-94 expires, you accumulate overstay.

[Cathi 5,769]

I don't think he accumulated overstay because after you get married you then enter into a period of authorized stay sanctioned by the attorney general. But yes, your friend still must file a CR-1

wrong, they never filed aos so this is not true.

[Boiler 45,651]

90 days is irrelevant, 180 is another issue but does not apply.