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MY VISA EXPIRED WITHOUT FILING

By .shutdown in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Just Paul
Just Paul

You need to file immediately. You have no legal status in the US.  You can not work, can not drive and have a hard time integrating into society.   Recently a fellow VJ member spent 6 weeks in jail be

Sunny_Skies
Sunny_Skies

Why not try to make your marriage work? What could your spouse be doing that is so bad that you want a divorce after a couple of months? Yet you still want them to sponsor you for a green card so you

Just Paul
Just Paul

It is pretty simple - if you want to stay in the US you can either adjust or go back and try for a diversity visa.    The child has US citizenship.   Visitation and support would be determined by

designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted (edited)
2 minutes ago, ALEX MAISON (mr) said:

I entered 4 months ago, it expired 3 days ago

You are now out of status and because you have not filed for adjustment of status you are at risk for removal. If you divorce prior to adjusting status you will not be able to remain as far as I know

 

Is your spouse going to agree to be your sponsor for the adjustment of status?

Edited by designguy
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.shutdown Rookie

.shutdown   0

Posted
Filed: K-1 Visa Country: Nigeria
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Posted
Just now, ALEX MAISON (mr) said:

My son doesn’t need a green card, I am talking about me

My main concern is, must I keep the marriage to stay in the state, if I get my temporary green card can I divorce and still stay in the state, if no is there any other way around it

2 minutes ago, designguy said:

You are now out of status and because you have not filed for adjustment of status you are at risk for removal. If you divorce prior to adjusting status you will not be able to remain as far as I know

 

Is your spouse going to agree to be your sponsor for the adjustment of status?

Yes she is

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Even if you file for adjustment of status today,  you are probably a year away from the green card ( depending on where you live)

YMMV

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designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted
Just now, ALEX MAISON (mr) said:

My main concern is, must I keep the marriage to stay in the state, if I get my temporary green card can I divorce and still stay in the state, if no is there any other way around it

You must not only stay married but your spouse needs to agree to sponsor you and file for and adjustment of status. Simply being the spouse of a USC does not grant any immigration status. If they don't agree to do so or they pull the affidavit then there is no way around it. 

 

The adjustment of status process only works when you adjust based on being an immediate relative to a USC. If you don't qualify as such then there is no way around it. Keep in mind if your spouse does not agree to sponsor you or you don't follow through with the adjustment of status you are now racking up an overstay. At 6 months overstay you will be barred from entering the US for 3 years. If you overstay more than a year the bar is 10 yearsr.

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, ALEX MAISON (mr) said:

My main concern is, must I keep the marriage to stay in the state, if I get my temporary green card can I divorce and still stay in the state, if no is there any other way around it

Are you planning to divorce once you get the green card? If not, then don't worry about what may or may not happen.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Ontarkie Grand Master

Ontarkie   13,917

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to AOS Family K1/K3, from K1 Progress Reports - The OP is asking about AOS.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Ed&Midori1031 Proficient

Ed&Midori1031   330

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

No harm.  There have been couples that waited years to file for AOS, which is not a good suggestion, but get it done ASAP.  

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.shutdown Rookie

.shutdown   0

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
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Posted
16 minutes ago, belinda63 said:

Have you told your spouse you are just staying with him to get a green card? Will you tell this during the interview for your green card? 

I am a he, and my spouse and I are about to file it

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.shutdown Rookie

.shutdown   0

Posted
Filed: K-1 Visa Country: Nigeria
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Posted
5 minutes ago, Ed&Midori1031 said:

No harm.  There have been couples that waited years to file for AOS, which is not a good suggestion, but get it done ASAP.  

Do you suggest I wait for 2 years before applying 

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designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted
Just now, ALEX MAISON (mr) said:

Do you suggest I wait for 2 years before applying 

Why would you wait two years. You are already out of status and at risk of removal from the US because you haven‘t filed

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