K-1 visa=>married => overstay

[MariOki 2]

Hi, i entered to U.S. as k-1 visa holder and married to my husband. But i didnt apply for i-485 right after. Its been more than 3 years So, i am overstaying... but i applied for i-485 on Feb 2020 and waiting for interview now. Is anyone have same situation? Am i gonna be in trouble at interview?

 

I also got advance parole but if i go out of U.S. now, am i gonna be in trouble?

Thank you.

[Duke & Marie 1,389]

8 minutes ago, MariOki said:

Hi, i entered to U.S. as k-1 visa holder and married to my husband. But i didnt apply for i-485 right after. Its been more than 3 years So, i am overstaying... but i applied for i-485 on Feb 2020 and waiting for interview now. Is anyone have same situation? Am i gonna be in trouble at interview?

 

I also got advance parole but if i go out of U.S. now, am i gonna be in trouble?

Thank you.

It will depend on weather or not your married to a LPR or USC..

 

overstays are never good, not sure why you waited 3 years to file it, but not judging... if married to a USC the overstay should be forgiven.. 

[HRQX 4,145]

2 minutes ago, Duke & Marie said:

It will depend on weather or not your married to a LPR or USC..

Safe assumption that the spouse is US citizen. LPRs can't file I-129F petition.

[MariOki 2]

2 minutes ago, HRQX said:

Safe assumption that the spouse is US citizen. LPRs can't file I-129F petition.

 

6 minutes ago, Duke & Marie said:

It will depend on weather or not your married to a LPR or USC..

 

overstays are never good, not sure why you waited 3 years to file it, but not judging... if married to a USC the overstay should be forgiven.. 

I appreciate your reply. Yes,, i shouldve done it earlier... my husband is USC.

4 minutes ago, HRQX said:

Safe assumption that the spouse is US citizen. LPRs can't file I-129F petition.

Yes, my husband is US citizen. Thank you!