Arrived with k1, got married within 90 days, going back home after 8 months

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I arrived in the US with k1 visa and got married within 90 days, we havent filed for AOS yet and I am coming back home to Philippines for an emergency. All in all I am out of status now, and aware that a k1 visa is a one time entry. I'm just wondering what will the immigration officer or the CBP will ask me to show when I am about to exit the US and go home? ( like I-94 ) Will they ask for my marriage certificate just in case I need to prove that I didn't break the 90 day-rule? Also, we are planning to file for IR1 later instead for me to go back with my husband in the US, is it necessary to report our marriage here in the US so the NSO from Philippines will have the records? ( I'm thinking at the day of the consular interview one day that they will ask for the CEMAR like they asked for the CENOMAR when we were in k1 ) Insights and suggestions, please. Thanks all.

[belinda63 3,053]

You won't be asked to show anything. You might have a ban from re-entering depending on the exact times. If you stayed 180 days or more past the I-94 date you will have a three year ban and will need a waiver for the spousal visa. Sounds like you will make it right under the 180 day overstay time.

[Bare 0]

You won't be asked to show anything. You might have a ban from re-entering depending on the exact times. If you stayed 180 days or more past the I-94 date you will have a three year ban and will need a waiver for the spousal visa. Sounds like you will make it right under the 180 day overstay time.

I'm confused about the I-94, it shows the admitted until date was Dec 2, 2013. But then on the top right corner of the forms it says Expiration date: Nov 30, 2014. I dont understand which is which? Why would I be ban if I did not break the 90 day rule of the k1 visa? And why would there be a problem when we file the CR1/ IR1? Thanks.

[belinda63 3,053]

You were in the US legally until the I-94 expired. Sounds like that was Dec 2, 2013. Since you did not file to adjust status everyday after that date you were here out of status. Even though you married within the 90 days that does nothing for you unless you file to adjust status. So if you stay in the US for 180 days past Dec. 2, 2013 you will have a three year ban from re-entering the US. That means if you wish to return to the US before the three year ban is finished (it starts the day you leave the US) you would need an I-601 waiver to obtain a visa.

[Pinkrlion 2,725]

Make an infopass appt and file for emergency AP

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You were in the US legally until the I-94 expired. Sounds like that was Dec 2, 2013. Since you did not file to adjust status everyday after that date you were here out of status. Even though you married within the 90 days that does nothing for you unless you file to adjust status. So if you stay in the US for 180 days past Dec. 2, 2013 you will have a three year ban from re-entering the US. That means if you wish to return to the US before the three year ban is finished (it starts the day you leave the US) you would need an I-601 waiver to obtain a visa.

My I-94 shows admitted until date Dec 02, 2013. So I am gonna count 180 days after that right? My flight going backto Philippines is May 05, so I am still safe? No ban no probs re entering? Thanks.

[Bare 0]

Make an infopass appt and file for emergency AP

Emergency AP is Advance Parole is that right? I have a financial problem so I cant file for AOS or AP. Thanks

[Gail83 21]

If you leave without filing AOS and obtaining AP then your AOS is considered to be abandoned and the only way you can re-enter is with a spousal visa which I think is currently taking about a year to process from the point of filing.

[Leatherneck 693]

Yes will need a CEMAR to prove your marriage during the interview at USEM. However, if you stay beyond 180 days; you have an added issue to deal with.

Edited May 3, 2014 by Leatherneck

[Bare 0]

Yes will need a CEMAR to prove your marriage during the interview at USEM. However, if you stay beyond 180 days; you have an added issue to deal with.

I used the 90 day rule of k1, and my I-94 shows admitted until date is Dec 02, 2013. ( Arrived US Sept 04, 2013 ) I am gonna count 180 days after the Dec 02, 2013 right? My flight back to Philippines is on May 5th ( which isnt 180 days from Dec 02 ) am I right? Thanks.

If you leave without filing AOS and obtaining AP then your AOS is considered to be abandoned and the only way you can re-enter is with a spousal visa which I think is currently taking about a year to process from the point of filing.

Yes, we are gonna file for IR1 later instead. Thank you.

[belinda63 3,053]

Yes, you should be ok and have no ban. You will just file for the spousal visa....register your marriage there in the Philippines. You might want to have your husband consider filing the I-130 now as it is taking about 10-12 months for approval. Surely one year will be enough time back home.

[Hank_ 9,174]

I arrived in the US with k1 visa and got married within 90 days, we havent filed for AOS yet and I am coming back home to Philippines for an emergency. All in all I am out of status now, and aware that a k1 visa is a one time entry. I'm just wondering what will the immigration officer or the CBP will ask me to show when I am about to exit the US and go home? ( like I-94 ) Will they ask for my marriage certificate just in case I need to prove that I didn't break the 90 day-rule? Also, we are planning to file for IR1 later instead for me to go back with my husband in the US, is it necessary to report our marriage here in the US so the NSO from Philippines will have the records? ( I'm thinking at the day of the consular interview one day that they will ask for the CEMAR like they asked for the CENOMAR when we were in k1 ) Insights and suggestions, please. Thanks all.

You will have no issue leaving the USA, you should do the Report of Marriage before you leave so that it will be recorded with NSO, have to do that with the consulate that serves the state you were married in.

You could do an INFOPASS with USCIS they may give you an emergency AP card then you don't need to do anything but return to the U.S. later... within reason.

[Bare 0]

Yes, you should be ok and have no ban. You will just file for the spousal visa....register your marriage there in the Philippines. You might want to have your husband consider filing the I-130 now as it is taking about 10-12 months for approval. Surely one year will be enough time back home.

We are planning to have ROM before I leave to Philippines, we are living in Arizona and got married here, so we will file it to the Phil Consulate in LA. We are sending it thru mail. Is it true that the ROM forms ( 4 copies ) should be notarized? How long is the ROM process before they send it to my hometown for the Govt records? If you have any idea about this too, thank you.

[Bare 0]

We are planning to have ROM before I leave to Philippines, we are living in Arizona and got married here, so we will file it to the Phil Consulate in LA. We are sending it thru mail. Is it true that the ROM forms ( 4 copies ) should be notarized? How long is the ROM process before they send it to my hometown ( Philippines ) for the Govt records? If you have any idea about this too, thank you.

I had no idea about the infopass. And I already have the flight on May 5th, it is too late now to get it I guess?

quote name="Hank_" post="6983786" timestamp="1399151700"]

You will have no issue leaving the USA, you should do the Report of Marriage before you leave so that it will be recorded with NSO, have to do that with the consulate that serves the state you were married in.

You could do an INFOPASS with USCIS they may give you an emergency AP card then you don't need to do anything but return to the U.S. later... within reason.

We are planning to have ROM before I leave to Philippines, we are living in Arizona and got married here, so we will file it to the Phil Consulate in LA. We are sending it thru mail. Is it true that the ROM forms ( 4 copies ) should be notarized? How long is the ROM process before they send it to my hometown ( Philippines ) for the Govt records? If you have any idea about this too, thank you. I had no idea about the infopass. And I already have the flight on May 5th, it is too late now to get it I guess?

You will have no issue leaving the USA, you should do the Report of Marriage before you leave so that it will be recorded with NSO, have to do that with the consulate that serves the state you were married in.

You could do an INFOPASS with USCIS they may give you an emergency AP card then you don't need to do anything but return to the U.S. later... within reason.

[Leatherneck 693]

If December 2, 2013 is the correct date of entry, then May 30, is 180 days. Do the ROM and exit as scheduled -- then you will be okay.

Edited May 3, 2014 by Leatherneck