We got married 12 days after 90 days for k1 visa by mistake and my application got denied please help if you have any information

[Mojaatit 0]

Thank you so much for your advice, you guys are very helpful

[Pinkrlion 2,607]

You also will have complete another medical exam.

[NigeriaorBust 4,087]

 Make sure to file with all the correct evidence and fees.

[KierenHby 897]

And do not send the original marriage certificate. People make that mistake sometimes in haste. Send copies only. 

[NAT2016 18]

17 hours ago, Mojaatit said:

Hello everyone,

We got married 12 days after 90 days for k1 visa by mistake we tought once we got the marriage licence that we are officially married within 90 days because we did the ceremony 12 days after and thats what they count,  I recieved the decision letter today stating that my application was denied and my wife has to leave the country, my question is there a way my wife could remain while we re apply for adjust of status i-485 ?

 

Thank you for your reponse

I see an overstay issue here.  How long has passed since the expiration of K-1?  Since your wife is out of status now, you need to act quick before your wife accumulate more than 180 days overstay, or she will need a waiver. 

[Mojaatit 0]

Yes we start filling the form i-130 and I did not know what to answer  on the section C. Information about your relative

question 16. Has your relative ever been under immigration proceedings?

 

By the way I just uploaded the first 3 pages decision letter that we recieved because I couldn't upload all of them, so you can have an idea about what to do as the next step.

[geowrian 22,335]

1 hour ago, NAT2016 said:

I see an overstay issue here.  How long has passed since the expiration of K-1?  Since your wife is out of status now, you need to act quick before your wife accumulate more than 180 days overstay, or she will need a waiver. 

No waiver is needed to AOS for the spouse of a USC. Overstay is ignored during AOS. Also, bans are only issued when you exit the US.

Edited February 22, 2017 by geowrian

[NAT2016 18]

3 minutes ago, geowrian said:

No waiver is needed to AOS for the spouse of a USC. Overstay is ignored during AOS. Also, bans are only issued when you exit the US.

This is what I found on CIS website:

 

Provisional Unlawful Presence Waivers

Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview.  On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.

[Mojaatit 0]

we start filling the form i-130 and I did not know what to answer  on the section C. Information about your relative

question 16. Has your relative ever been under immigration proceedings?

 

By the way I just uploaded the first 3 pages decision letter that we recieved because I couldn't upload all of them, so you can have an idea about what to do as the next step.

[geowrian 22,335]

5 minutes ago, NAT2016 said:

This is what I found on CIS website:

 

Provisional Unlawful Presence Waivers

Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview.  On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.

You don't (and can't!) leave the US for AOS. Also, that's for immigrant visas, not AOS (visas are only to enter the country).

 

The immediate relative (i,e. spouse) of a USC is eligible to adjust their status while in the US (so long as they don't have certain disqualifiers like illegal entry into the US, a 2YHRR for a J-1, etc.).

 

OP is fine.

[Strumf 13]

She is married to a US citizen, that is it. Go to court if they give you trouble.