K1 in process but decide to get marry now? what should I do?

[mmxyz 0]

You need to withdraw the K-1 first. When that is done you will file to adjust status along with the I-130. The guides have already been linked for you. Please keep in mind that filing the K-1 does not give you any right to remain in the US it is only when you receive the receipt (NOA-1) for the I-485 that you are in a legal status in the US. So from the day you overstayed until you have that receipt you are in the US out of status and subject to immigration action.

Sweating now.....

So

if I continue K1 application and then I go back to Canada for interview. I overstayed here. Will that get me into trouble and get K1 visa declined?

Sound like it's better for me to get married now and file I-485. Then i will legally stay here when I get NOA-1.

[Transborderwife 4,666]

How long have you been here

[mmxyz 0]

over 182 days. one month over 182 days.

[neoblast 138]

Well that means you have overstayed a waiver may very well be required, but since it was not your intention to circumvent the visa process during your visit; adjusting while here is a better choice. Withdraw you K-1 petition, get married and adjust.

[NigeriaorBust 4,087]

You are not legal until you have valid status, your NOA1 does not make you legal You need to have adjusted status to be legal.

[NikLR 13,220]

Sweating now.....

So

if I continue K1 application and then I go back to Canada for interview. I overstayed here. Will that get me into trouble and get K1 visa declined?

Sound like it's better for me to get married now and file I-485. Then i will legally stay here when I get NOA-1.

How long have you overstayed? When were you supposed to leave?

IMHO, Yes, you should marry, stay, and adjust status.

You are not legal until you have valid status, your NOA1 does not make you legal You need to have adjusted status to be legal.

No but with the NOA1 from the I-485 and I-130 they will have a period of authorized stay until the decision is made on the I-485 or the OP leaves the country,.

[mmxyz 0]

How long have you overstayed? When were you supposed to leave?

IMHO, Yes, you should marry, stay, and adjust status.

No but with the NOA1 from the I-485 and I-130 they will have a period of authorized stay until the decision is made on the I-485 or the OP leaves the country,.

yes, I heard of this too. I overstayed one month. Now, I wonder if i continue my K-1 application, then, if it's possible for me to get it? I have to go to Canada for interview. Will they decline my application because of overstay?

[NikLR 13,220]

yes, I heard of this too. I overstayed one month. Now, I wonder if i continue my K-1 application, then, if it's possible for me to get it? I have to go to Canada for interview. Will they decline my application because of overstay?

No. You haven't overstayed enough for a ban.

If you left you may not be allowed back in to visit but you haven't yet incurred a ban. I am assuming you misunderstood somehow that the NOA1 gave you some sort of legal stay longer than allowed?

[mmxyz 0]

No. You haven't overstayed enough for a ban.

If you left you may not be allowed back in to visit but you haven't yet incurred a ban. I am assuming you misunderstood somehow that the NOA1 gave you some sort of legal stay longer than allowed?

no, i am in process of applying for k1, and i thought i can overstay during this period.

Now, I am thinking if I should quit K1 application and get married immediately or I should finish this K1 application.

[NikLR 13,220]

Up to you.

I already gave you my suggestion. Overstay too long and you get a ban and then need a waiver.

[mmxyz 0]

Up to you.

I already gave you my suggestion. Overstay too long and you get a ban and then need a waiver.

Thanks for your suggestion....

[KayDeeCee 4,892]

Don't leave. Get married and file to adjust status. Overstay will make no difference when married to a US citizen.

From the I-485 instructions >

Who Is Not Eligible to Adjust Status?
...
you are not eligible for adjustment of status if any of the following apply to you:
...
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:

A. An immediate relative of a U.S. citizen (parent,
spouse, widow, widower, or unmarried child under 21
years old);

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic is AOS from tourist ~

[Cathi 5,626]

no, i am in process of applying for k1, and i thought i can overstay during this period.

Now, I am thinking if I should quit K1 application and get married immediately or I should finish this K1 application.

over stay is never allowed

[caliliving 606]

Thanks for your suggestion....

DO NOT LEAVE THE COUNTRY!!! stay, get married and withdraw your K1 petition.. you will be fine as it seems as though you did not come here with intent to stay and it was 5 months after here (so after 60 days) that you decided to apply for K1 so that is a good thing.

But, do not leave it will be a headache! you are canadian, you will be fine. Just get a lawyer and do your GC AOC and DO NOT LEAVE until you have your GC in your hand:) so expect to be here 6 months and not able to work until you get your EAD which takes about 80days after you apply for your AOS!!! Just dont leave:)

[Raccoon_CA 5]

It usually much smoother to adjust while in the U.S.

K-1 applications are meant to go through consular processing, which requires you to attend an interview at the Consulate in Canada and be admitted to the U.S. as a K-1. This is only then that you have to marry within 90 days post-entry.

If you decide to get married now, while in the U.S. just submit an I-130/I-485 application. However, the previous posts are correct, you won't be able to submit a family petition within the U.S. unless you withdraw the pending K-1. You also need to notify the NVC that you do not wish to pursue with the K-1 application. You cannot just ignore it because your K-1 is already pending and was transferred to the NVC. You were also given an A-number, which you will have to mention on any future application you file with USCIS.

FYI, if you submit an I-130 petition while on visitor status, don't leave the U.S. until you get permission to travel outside of the country.