Overstay k-1 or coming back to country

[Sparky_26 0]

Hi guys!!!

I have little problem because I came here to US in May and my k-1 status is going to be over soon. We cant marry unfortunately now, we need some more time. It's not because we dont love each other but some family problems. What should we do? Overstay visa or come back home. Which is better in our case. Can we apply for the second time for k-1 visa? Please help us.

Thanks

[Ladylethal 12]

Overstaying is NEVER a good option. If you can't even get a quick civil marriage, you should then go back home and re-apply, explaining in the application why you didn't get married in the 1st time.

[anitacastillo 0]

Hi guys!!!

I have little problem because I came here to US in May and my k-1 status is going to be over soon. We cant marry unfortunately now, we need some more time. It's not because we dont love each other but some family problems. What should we do? Overstay visa or come back home. Which is better in our case. Can we apply for the second time for k-1 visa? Please help us.

Thanks

I strongly recommend that if you do want to be married, you got to the courthouse and get married. You can have a celebration (maybe even another exchanging of vows) in the future.

Based on your time line you have until August 2. After that you will be an illegal here. If you go home, you will still have to apply for another K-1, since the K-1 is a single entry visit. Or maybe you want more time to make your decision. Unfortunately, legally that additional time will need to be long distance.

Good Luck!!

[pushbrk 12,248]

Hi guys!!!

I have little problem because I came here to US in May and my k-1 status is going to be over soon. We cant marry unfortunately now, we need some more time. It's not because we dont love each other but some family problems. What should we do? Overstay visa or come back home. Which is better in our case. Can we apply for the second time for k-1 visa? Please help us.

Thanks

Don't overstay the visa. Yes you can go through the process a second time but it will require a letter asking for a waiver. Getting married would be so much easier. I don't understand "can't marry now". You don't need any big wedding with family and friends to satisfy the marriage requirement of the visa but you'll have to go home and go through the process again if you don't marry.

[payxibka 10,044]

Unfortunately, legally that additional time will need to be long distance.

Good Luck!!

Maybe but not necessarily true

[Sparky_26 0]

Unfortunately, legally that additional time will need to be long distance.

Good Luck!!

Maybe but not necessarily true

What do you mean? Thanks guys for advise... I guess it's time to buy a ticket. My I-94 is valid to 31.07.2007

[payxibka 10,044]

Unfortunately, legally that additional time will need to be long distance.

Good Luck!!

Maybe but not necessarily true

What do you mean? Thanks guys for advise... I guess it's time to buy a ticket. My I-94 is valid to 31.07.2007

Accumulating overstay time is never a good thing... However, it is conceivable that you could re-petition using an I-130 along with your I-485 after you have married. This is a solution but it also may not be one without pitfalls.

[Nanusia & Lukaszek 0]

Hey guys,

Please dont bite my head off... I'm simply providing options/questions to think about.

There are situations when a USC marries an illegal alien (not talking K1 for right now) and they successfully do AOS because overstay is forgiven as part of AOS. So here is my question... (yes yes I know K1 is only 90 days) but what if she falls out of status, and they get married say in another 3 months. Would her overstay be forgiven as part of AOS?

I only ask this, because some people have been in the US illegally for years & years... either expired tourist visa's or expired student visa's. After their marraige to a USC its forgiven & they stay.

Wouldn't Sparky26 have a chance at this too? I know at the interview there may be some serious explaining why marriage wasnt done in 90days, but maybe her family situation really warrants it.

I know getting another K1 would be quite hard to convince the CO that this time in fact the marriage will take place, so I'm just playing devils advocate and asking this question.

[no name 1]

Hey guys,

Please dont bite my head off... I'm simply providing options/questions to think about.

There are situations when a USC marries an illegal alien (not talking K1 for right now) and they successfully do AOS because overstay is forgiven as part of AOS. So here is my question... (yes yes I know K1 is only 90 days) but what if she falls out of status, and they get married say in another 3 months. Would her overstay be forgiven as part of AOS?

I only ask this, because some people have been in the US illegally for years & years... either expired tourist visa's or expired student visa's. After their marraige to a USC its forgiven & they stay.

Wouldn't Sparky26 have a chance at this too? I know at the interview there may be some serious explaining why marriage wasnt done in 90days, but maybe her family situation really warrants it.

I know getting another K1 would be quite hard to convince the CO that this time in fact the marriage will take place, so I'm just playing devils advocate and asking this question.

She came in on a fiance visa, INTENDING to immigrate & marry within 90 days, both even signed papers saying so. Different kettle of fish, IMO.

Edited July 13, 2007 by devilette

[payxibka 10,044]

She came in on a fiance visa, INTENDING to immigrate & marry within 90 days, both even signed papers saying so. Different kettle of fish, IMO.

Maybe a different kettle of fish but it is still fish....

[Ladylethal 12]

The problem is, those people that get married while on a different visa or illegaly, they didn't have the intention to get married (or at least USCIS can't prove it) but on a K1 visa, it's clear what the intention was and by getting married later when she's illegal in the country, is FRAUD.

[Nanusia & Lukaszek 0]

I've heard of situations where say a boyfriend or girlfriend comes on a tourist visa to "visit" and ends up staying say a yr and then get married & do AOS. Everyone knows overstaying (no matter what kind of visa) is wrong and shouldn't be done. I'm simply asking wouldn't a short overstay be forgiven, due to marriage to a USC as part of AOS?

[Ladylethal 12]

Read the reason I just posted above. Or go to http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission."

Edited July 13, 2007 by Luis&Laura

[Sparky_26 0]

Do you know anybody who overstayed k-1 visa (1 or 2 months not plenty of years of course) and than approved AOS? I'm just asking because my deadline is coming soon and I have to make a decission.

[Ladylethal 12]

This is what the FAQs from VJ say:

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

Edited July 13, 2007 by Luis&Laura