K-1 visa overstayed !

[Natalia123456 1]

I have overstayed by my fiancé visa, we got married with the petitioner 11 months after the visa was valid. What difficulties with obtaining the green card we will have?  Did I happen to anyone? Share your thoughts and experience please. 

 

Could i travel within usa with my international passport now being married? 

[geowrian 22,336]

Since you didn't marry within the 90 days, you must go through AOS a spouse living in the US:

http://www.visajourney.com/content/i130guide2

 

Until you file for AOS, you are out of status and deportable. Travel between states shouldn't be an issue.

 

Not to pick on you, but waiting more than 90 days to marry is a risky decision (and expensive since you have to pay for the I-130 now as well).

[KULtoATL 1,551]

5 minutes ago, geowrian said:

Since you didn't marry within the 90 days, you must go through AOS a spouse living in the US:

http://www.visajourney.com/content/i130guide2

 

Until you file for AOS, you are out of status and deportable. Travel between states shouldn't be an issue.

 

Not to pick on you, but waiting more than 90 days to marry is a risky decision (and expensive since you have to pay for the I-130 now as well).

Does that mean the wait starts all over again???  

[geowrian 22,336]

1 minute ago, KULtoATL said:

Does that mean the wait starts all over again???  

Nope. OP is in the US and is filing for AOS, not a visa.

[KULtoATL 1,551]

1 minute ago, geowrian said:

Nope. OP is in the US and is filing for AOS, not a visa.

OK, that's better  Thanks for clarifying.

[Natalia123456 1]

since the moment  we send I-130 ( and everything we need to send)I'm still out of status during this process ??  Can i be deported if we send the documents and waiting? I'm really worried about traveling via plane...?

[milimelo 4,273]

15 minutes ago, Natalia123456 said:

since the moment  we send I-130 ( and everything we need to send)I'm still out of status during this process ??  Can i be deported if we send the documents and waiting? I'm really worried about traveling via plane...?

Umm, DON'T travel until GC in hand. 

[geowrian 22,336]

37 minutes ago, Natalia123456 said:

since the moment  we send I-130 ( and everything we need to send)I'm still out of status during this process ??  Can i be deported if we send the documents and waiting? I'm really worried about traveling via plane...?

Wait until you get the NOA1. That (plus ID such as your passport) should suffice for any proof of legal status in the US while your AOS is pending.

 

21 minutes ago, milimelo said:

Umm, DON'T travel until GC in hand. 

Umm...why? Concurrent filing of I-130 + I-485 as the spouse of a USC grants legal status while they are processed. No travel abroad should be performed until AP is in hand, but domestic travel shouldn't be an issue...they don't check immigration status nor go through any sort of entry/exit control. Even if they did, legal status is obtained.

https://my.uscis.gov/helpcenter/article/can-my-relative-wait-in-the-united-states-until-becoming-a-permanent-resident

[Natalia123456 1]

Thanks you gyus

 

really  I'm thinking about traveling after we got noa-1. Just wondering how much time will it take to obtain the green card (or advanced parol AP). Somebody knows in detail about AP? Time frames etc...

[geowrian 22,336]

5 minutes ago, Natalia123456 said:

Thanks you gyus

 

really  I'm thinking about traveling after we got noa-1. Just wondering how much time will it take to obtain the green card (or advanced parol AP). Somebody knows in detail about AP? Time frames etc...

Green card will take about 8-12+ months. AP will take about 3-4 months after filing for AOS. It used to be closer to just 90 days, but they're running slow right now.

[Natalia123456 1]

Geowrian thanks a lot?

[SamWasi 15]

1 hour ago, Natalia123456 said:

Thanks you gyus

 

really  I'm thinking about traveling after we got noa-1. Just wondering how much time will it take to obtain the green card (or advanced parol AP). Somebody knows in detail about AP? Time frames etc...

I do not posses the knowledge as some of the VJ members, but i want to share that NOA1 does not constitute to anything, unlike NOA2. I also recommend not to travel outside U.S. even with an AP, because re-entry is not guaranteed, especially since you were out of status while in the U.S. This could result in 3 or 10 year ban. it may sound extreme, but please be careful with what you do.

Best of luck!

[Transborderwife 4,666]

3 minutes ago, SamWasi said:

I do not posses the knowledge as some of the VJ members, but i want to share that NOA1 does not constitute to anything, unlike NOA2. I also recommend not to travel outside U.S. even with an AP, because re-entry is not guaranteed, especially since you were out of status while in the U.S. This could result in 3 or 10 year ban. it may sound extreme, but please be careful with what you do.

Best of luck!

Matter of Arrabally currently looks after that one.

[Natalia123456 1]

13 minutes ago, SamWasi said:

I do not posses the knowledge as some of the VJ members, but i want to share that NOA1 does not constitute to anything, unlike NOA2. I also recommend not to travel outside U.S. even with an AP, because re-entry is not guaranteed, especially since you were out of status while in the U.S. This could result in 3 or 10 year ban. it may sound extreme, but please be careful with what you do.

Best of luck!

Thanks, i agree with you. 

[geowrian 22,336]

3 hours ago, SamWasi said:

I do not posses the knowledge as some of the VJ members, but i want to share that NOA1 does not constitute to anything, unlike NOA2. I also recommend not to travel outside U.S. even with an AP, because re-entry is not guaranteed, especially since you were out of status while in the U.S. This could result in 3 or 10 year ban. it may sound extreme, but please be careful with what you do.

Best of luck!

NOA1 for the I-485 proves that AOS was filed and accepted, which is when the legal status as the spouse of a USC begins. I think you're referring to the NOA1 for the I-129F, which does not have any legal status associated with it.

 

Re-entry is not guaranteed even once you have a green card. It's only guaranteed to USCs. Being out of status at the time of filing has no bearing on re-entry via AP. The ban would not apply per Matter of Arrabelly (as noted above).

Edited March 28, 2017 by geowrian