MY VISA EXPIRED WITHOUT FILING

[.shutdown 0]

54 minutes ago, geowrian said:

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

My son Is in question, the problem is getting too much

[.shutdown 0]

1 minute ago, ALEX MAISON (mr) said:

My son Is in question, the problem is getting too much

I am just looking for best advice

[Just Paul 4,591]

1 minute ago, ALEX MAISON (mr) said:

Do you suggest I wait for 2 years before applying

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 because she did not AOS and was a passenger in a car in an accident and could not prove legal status.

[JeanneAdil 6,190]

2 minutes ago, ALEX MAISON (mr) said:

Really

yes,  good for 1 time entry  

you could not leave and reenter

 

[Dashinka 23,234]

24 minutes ago, ALEX MAISON (mr) said:

Really

The K1 is a single entry visa that grants you 90 days of immigration status (governed by the I94 created when you entered) to marry your fiancé and then adjust status to a lawful permanent resident.  You met the first part getting married within the 90 day period, now it is time to file for your GC via adjustment of status.  If the GC is approved prior to your second anniversary then you will get a two year GC.  As others have said, being out-of-status can have some negative and potentially expensive consequences.

 

Good Luck!

[Lil bear 3,831]

55 minutes ago, ALEX MAISON (mr) said:

Really

Yes , really. Your authorised stay .. which resulted from entering using the K1 visa , expired 90 days after you entered 

[Izor 79]

This is why K1 is such a hard process. They want to weed out green card shopping. But looks like they failed in your case since you keep talking about getting a divorce and still getting a green card, when you only been married for a few months. 

[Lucky2Lucky 2,526]

Your post isn’t very clear. Are you saying you want to divorce after a few months of marriage?! Why not focus on making the marriage work. You need to complete AOS to be in legal status which you currently are not. That takes time to process and obtain the green card. If your child is a US citizen they can stay here no problem. Again, your post isn’t very clear in what you are asking/looking for.

[.shutdown 0]

1 hour ago, Izor said:

This is why K1 is such a hard process. They want to weed out green card shopping. But looks like they failed in your case since you keep talking about getting a divorce and still getting a green card, when you only been married for a few months. 

What will you do if you have a child and no longer interested in the marriage, let your child go?

[Just Paul 4,591]

1 minute ago, ALEX MAISON (mr) said:

What will you do if you have a child and no longer interested in the marriage, let your child go?

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 the family courts in the state you currently decide in.

[geowrian 22,335]

2 hours ago, ALEX MAISON (mr) said:

My son Is in question, the problem is getting too much

Sounds like a marital issue, not an immigration one. I suggest seeking assistance with the marriage.

[Duke & Marie 1,389]

I think you should talk with an immigration lawyer..

 

you have a few problems..

1. You’ve been married less than 4 months and are considering divorce 

2. Your thinking to adjust status because you got married... but yet your considering divorce... this is potentially placing you at risk of denial

3. I’m not sure you should be discussing marital problems on the internet if your considering divorce... also, you might want to consider marriage guidance to help save your marriage given it’s so new

4. Your spouse is required to sponsor you, for you to adjust status, given your considering divorce, if you don’t let him know it’s extreamly deceptive of you 

5. You’re now out of status and risk being sent home

6. You now have a child to consider who is a usc and could be awarded to the father if not mindful

 

see a lawyer

[Duke & Marie 1,389]

8 hours ago, ALEX MAISON (mr) said:

What will you do if you have a child and no longer interested in the marriage, let your child go?

I wouldn’t consider visa fraud as an option... 

 

for you to file AOS the marriage needs to be real a true...if you’re considering divorce pre AOS... staying married purely for the GC so you can stay Is potentially fraud in itself...!

[Illiria 980]

19 hours ago, ALEX MAISON (mr) said:

but my spouse has been misbehaving a lot,

What do you mean by this? 

 

How old is your son? 

 

 

[Sunny_Skies 22]

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 can stay? To allow them to invest money and time to bring you here, make them legally responsible for you for 10 years, create a child with them, have them sponsor you to stay here forever, and then divorce them is fraudulent. Even if you did marry in good faith, your actions now are not ok. Unless there is physical abuse involved, you need to try to make this work. The fact that multiple members have asked you to be specific with what's going on, and you aren't providing any answers, makes this even more worrisome.