Do I have to leave the U.S.A.?

[S & L 0]

Help, please!!

I came to U.S.A. with a K1 visa to marry my (now) husband. My question is: do I have to leave the U.S.A. before my visa expires (which will be soon) if we haven't applied for the adjustment of status by that time, or can I stay (since we already got married) and apply for the adjustment of status? Would I be violating the law if I stay?

[Transborderwife 4,666]

Nope you're good to stay

[Harpa Timsah 13,258]

You most definitely can and should stay.

[S & L 0]

What about the 90 days stay in U.S.A. visa? Couldn't I cause my own deportation without being able to return ever again, or maybe make the case harder? How long can I stay after my visa expires so I can send my adjustment of status forms?

[IcezMan_IcezLady 582]

If you leave, you lose the opportunity to stay and will have to start all over again. SO Stay and file for the AOS and if you want to travel back home before than, get an AP before you leave.

[ryna 132]

It's a good idea to file AOS during that 90-day period but not required. Your visa expired when you entered the U.S.

Not only can you stay but you should not leave the U.S. until, at a minimum Advance Parole is granted. If you do leave before then, you will be required to start over again, this time with a spousal (CR-1) visa which usually takes even longer to be approved than the K-1 you just received.

Edited May 9, 2016 by ryna