Overstay k-1 or coming back to country

[lethimrace 5]

get married guys:dance:

[Mr and Mrs Bird 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

Now we don't know about the famely problems. But if you love eachother why ruin your big chance for staying together and maybe things are solved by time.

Everything will be pretty expensive after July 30 and a shame if you should start over and wait again.

[Geraghty 0]

If you committ fraud you risk the chance that you will be deported and banned from coming into the United States for many years as it should be. I think this is more a question of moral judgement and respect for the laws of the country that you are trying to be a part of. Either get married as you promised you said you would (your visa was granted on your promise to do this) or do the K-1 visa again. You keep asking questions because you don't like the answer others are giving you.

[athena_ny 1]

If you committ fraud you risk the chance that you will be deported and banned from coming into the United States for many years as it should be. I think this is more a question of moral judgement and respect for the laws of the country that you are trying to be a part of. Either get married as you promised you said you would (your visa was granted on your promise to do this) or do the K-1 visa again. You keep asking questions because you don't like the answer others are giving you.

Uh, what?

They can file the I-130 and most likely get the AOS approved from a K1 if there is an overstay. The chance of deportation and bans (and bans don't enact until 180 days and only after they leave the country - truth is, if you don't leave, there's no ban until deportation proceedings, and the chance of deportation proceedings in this situation is very low), are very slim especially if there are many, many cases of people overstaying visas for upwards of 5, 10 years and still getting approved at AOS. Overstaying does not lead to a denial of AOS, just extra paperwork.

Whether you think it's "right" for the law to work this way or not is irrelevant, it's the way it is, and telling the OP that they will be deported and banned from the country for overstaying, straight up, is misinformation.

Overstaying a visa due to circumstances unforeseen is NOT fraud - fraud is marrying someone to get into the country, lying about intent (ie. never planning on marrying in the first place but saying you do plan to do so to secure a visa) or having intent to immigrate on a non-immigrant visa such a tourist or student. Like I said, while you may not agree with the OP overstaying, calling it fraud is simply a scare tactic to cloud the OPs judgement as to what the best course of action may or may not be - it is not giving them facts.

Edited July 17, 2007 by meow mix

[rebeccajo 14]

Yeah, I don't understand it either.

I've yet to see a case of marriage after an overstayed K1, so I'm going with what I find on USCIS and their own rules.

It happens quite a lot.

[Ladylethal 12]

Do you know the percentage of those cases that have problem explaining the tardiness in getting married?

[athena_ny 1]

Do you know the percentage of those cases that have problem explaining the tardiness in getting married?

As far as I can tell - overstay is forgiven through marriage to a USC. So - K1 is overstayed, it's forgiven. As long as the person who petitioned them is the one who the immigrant marries, I see no reason they would have to explain it. Sh!t happens.

I certainly didn't have to explain the reasons that my husband overstayed his B2 for 4 years. Overstay is NOT a reason for denial, at this time. Could change in the future, but the way laws are written now, it is not a reason for denial.

[Fandango 1,439]

Luis & Laura,

Don't rip my head off, I'm just asking questions that may help out the OP.

Yeah but a whole 'maybe you can stay' angle is not really helpful in the respect that it is a risky move, it's outside the boundaries of the K-1, and overstaying is illegal.

If they don't get married within the 90 days, what's to say they will in the next 60,90, 120, 180? Then there's an overstay, which will seriously complicate things should the beneficiary go home and then try to come back.

Imo, no one here should be advocating an overstay....even in the 'devil's advocate' position. Especially when we don't know the mitigating circs for the marriage to not be taking place within the allowed timeframe. Especially after all that's done to GET the visa in the first place.

OP, my thoughts to you would be to either marry within the timeframe, or go home before it expires. I'm sorry for your predicament.

Edited July 18, 2007 by LisaD

[LaL 418]

If you committ fraud you risk the chance that you will be deported and banned from coming into the United States for many years as it should be. I think this is more a question of moral judgement and respect for the laws of the country that you are trying to be a part of. Either get married as you promised you said you would (your visa was granted on your promise to do this) or do the K-1 visa again. You keep asking questions because you don't like the answer others are giving you.

Uh, what?

They can file the I-130 and most likely get the AOS approved from a K1 if there is an overstay. The chance of deportation and bans (and bans don't enact until 180 days and only after they leave the country - truth is, if you don't leave, there's no ban until deportation proceedings, and the chance of deportation proceedings in this situation is very low), are very slim especially if there are many, many cases of people overstaying visas for upwards of 5, 10 years and still getting approved at AOS. Overstaying does not lead to a denial of AOS, just extra paperwork.

Whether you think it's "right" for the law to work this way or not is irrelevant, it's the way it is, and telling the OP that they will be deported and banned from the country for overstaying, straight up, is misinformation.

Overstaying a visa due to circumstances unforeseen is NOT fraud - fraud is marrying someone to get into the country, lying about intent (ie. never planning on marrying in the first place but saying you do plan to do so to secure a visa) or having intent to immigrate on a non-immigrant visa such a tourist or student. Like I said, while you may not agree with the OP overstaying, calling it fraud is simply a scare tactic to cloud the OPs judgement as to what the best course of action may or may not be - it is not giving them facts.

absolutely Meow.

OP - you probably would have gotten a whole barage of different answers from the beginning had you asked this in the AOS forum as your question pertains mostly to the ability to adjust than simply a K1 question.

ETA: in the VJ FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

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 18, 2007 by lal_brandow

[rebeccajo 14]

Do you know the percentage of those cases that have problem explaining the tardiness in getting married?

No Laura I don't.

In the case I am most familiar with, the couple simply were not comfortable with committing to marriage by the 90th day. Call it cold feet, adjustment issues, or whatever you like. That couple opted to 'stick it out' - see if they could work through the issues - and if they couldn't the beneficiary would return home. They subsequently married and filed for adjustment. Both the marriage and the filing occured after the K1 expired but before another 180 days has passed. They were interviewed and approved for adjustment with no problems whatsoever.

The parties in this scenario haven't been around much, and I have no knowledge as to whether or not they were even questioned at the interview about not marrying within the K1 timeframe.

The issue in point here is this - if you don't marry within the K1 timeframe, you have violated the terms of a visa. If you choose to leave, you will need another visa to re-enter. BUT if you leave prior to 180 days after the expiration of the K1, there are no bans to you obtaining another visa.

It's spelled out in the FAM (in many many places) that if an adjustment is filed based upon marriage to a USC, the adjustment will not be denied. Start researching and you'll actually be amazed how many times the exemption is there. An overstay is one of those reasons.

Sooooooooooooooooooooooooo.....while it might make us all mad that someone would enter on the K1 and not marry within the 90 day window then subsequently marry the petitioner - the fact is it's not 'illegal'. Not if all your square pegs fit in the round holes of the FAM - and you may need an attorney to successfully guide you through that little project.

[Gringa 0]

You submited a intent to married letter, and it should be done with 90 dates, if don't get marriend then you have to go back to your country. Don't overstay your K-1. But if you do get married you can do your AOS later on. I'm not saying that you will be approved for sure, but I think you won't be denied as long as you were married between the 90 dates. If you don't get marriend I think you will be violating the rules. "I Think"

My stepdaughters AOS were submitted a year and 9 months later. We sent the AOS's on December of 2006 and they just got approved without interview last week.

[LaL 418]

You submited a intent to married letter, and it should be done with 90 dates, if don't get marriend then you have to go back to your country. Don't overstay your K-1. But if you do get married you can do your AOS later on. I'm not saying that you will be approved for sure, but I think you won't be denied as long as you were married between the 90 dates. If you don't get marriend I think you will be violating the rules. "I Think"

My stepdaughters AOS were submitted a year and 9 months later. We sent the AOS's on December of 2006 and they just got approved without interview last week.

If you don't get married you can go back to the home country OR you can file with the I-130. You do not have to go back to your home country.

[foxtobee 1]

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

Hi,

You should get a civil marriage at the court house.

We did it too.

We had a marriage celebration in my country and than went to the court house to be officially married within the K-1 time.

We wanted to have a celbration for the rest of the family here too, because only his parents came over to my country.

Because my husband lost his job, we decided to postpone that, but are still married by law which is much better.

I wouldn't opt for another peiod of long-distance again.

[Michelle-Sergio 0]

Just get married!!!! You Love each other right???

[L&M 4]

If you love each other and want to get married then do so regardless of family situations. It's your life and you create a new family when you get married and especially when you have kids so don't let family problems affect your happiness. If you don't want to get married to this person then going home is a good option. But if this is what you really want go to the courthouse and get married. There are a lot of challenges associated with marrying someone from another country especially immigration wise but these challenges will only serve to bring you closer together and make your relationship stronger. There is only ONE reason NOT to get married and that is if you or your fiancee does not want to marry the other person. Family issues is NOT a reason to forego your happiness even if it makes it difficult at times. Just my opinion.