Jump to content
greencardplease

AOS after overstaying

8 posts in this topic

Recommended Posts

I need some experience or just some guidelines what to do..I overstayed my k1 visa for 2 years just because we were strugling with money.we had babies imidiatly and it was hard time for us so we finaly get aos proces and my ap and ead was aprroved but i dont know what yo expect from aos interview.im so scared they deny it..my kids are born here and it would be hard for my husband..we have legit marriage and everything

Share this post


Link to post
Share on other sites

As long as you provide the proof that your marriage is legit then you should not worried much. Usually adjust from K- visa received interview waived letter though some of them are still going through the interview phase.

Have you received the interview letter?


Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

As long as you provide the proof that your marriage is legit then you should not worried much. Usually adjust from K- visa received interview waived letter though some of them are still going through the interview phase.

Have you received the interview letter?

No i didnt but thats a next step..i dont even know how long they need after ead ans ap approval

As the spouse of a US citizen, you are in the Immediate Relative category and you don't need to be in status to apply for Adjustment of Status. Whether you were out of status and for how long are irrelevant.

I dont understand this.i mean i get here on k1 visa and get married in 90 days just didnt apply because we didnt have money

As the spouse of a US citizen, you are in the Immediate Relative category and you don't need to be in status to apply for Adjustment of Status. Whether you were out of status and for how long are irrelevant.

I dont understand this.i mean i get here on k1 visa and get married in 90 days just didnt apply because we didnt have money

Share this post


Link to post
Share on other sites

I dont understand this.i mean i get here on k1 visa and get married in 90 days just didnt apply because we didnt have money

Yes. That's what I'm saying. Overstay is irrelevant for AOS for you. There is nothing to worry about.

Share this post


Link to post
Share on other sites

Yes. That's what I'm saying. Overstay is irrelevant for AOS for you. There is nothing to worry about.

Ok thank you.i hope so..im so terrified of interview.do you know if its fine to bring kids with us..i really dont want to because i have one in terrible two's but kinda hard some of family to watch them.

Share this post


Link to post
Share on other sites

Maintaining status is not a requirement to file for adjustment from a K-1 > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

...

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

Maintaining status is not a requirement to file for adjustment from a K-1 > http://www.uscis.gov/files/form/i-485instr.pdf

Thank you very much..I hope they will understand..our story is not really a fairytale.. we didnt have big wedding and stuff like that but at least its real so i hope they will see that..

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×