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Hi all,

Quick question. I know I've seen this a few times on VJ, but I'm not sure if things have changed since the dates on any of those posts (immigration seems to get tougher and tougher). I'm a USC and my fiance is here on his K1. His 1-94 expires tomorrow, so we are really cutting it close as far as decisions go. Due to personal reasons, we have not yet married (we did get our marriage license, however), and are not positive that this is the right decision. We don't want to break up, we just seem to be one of those couples who has hit some bumps and needs a bit more time.

I've read that people have outstayed their 90 days, gotten married during the overstay and just filed a I-130 instead. Am I correct in thinking the overstay is usually overlooked with a successful AOS? I know if he ends up going home, that his VWP will likely be void, but I think it would be if we got married and divorced as well; maybe it would not be void, but I'm sure they would not look upon that favorably.

If he were to go home and we wanted to refile the K1, would it be difficult for us to get it because we had one and did not use it? It's an idea, but I'd like to see what other options are available first. Not only would we have to go through this process again, but it's difficult to work on a relationship when you're 4,000 miles apart.

Thanks to anyone who can shed some light on the situation.


Edited by Kinsey

Met online February 2006

Went to England on working visa June 2006

Sent off I-129F October 2006 <3 <3 <3

In England until visa expired December 2006

We leave England for a stateside Christmas December 17, 2006

Karl goes back to the UK January 7, 2007

I make a scene at the airport January 7, 2007

I head back to the UK to wait it out with him February 9, 2007

K-1 Journey

10-20-2006 Mailed I-129F

10-31-2006 NOA1

01-29-2007 NOA2 via e-mail!! Woo Hoo

01-30-2007 Touch

02-02-2007 NOA2 via snail mail

02-06-2007 NVC received case

02-07-2007 NVC fowarded case on to London

02-16-2007 Packet 3 received

02-19-2007 Packet 3 mailed out

02-21-2007 Packet 3 received at Embassy

03-01-2007 Packet 4 received

03-02-2007 Karl's medical

03-30-2007 Interview - Approved!!

05-01-2007 - Flying home to Chicago

My posts are purely opinion and should not be taken as legal advice... obviously :)

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Since he is a K-1 he will need to decide by tomorrow, marry you or leave the USA. If you had gotten married, or do so tomorrow, you can take virtually as long as you like filing for AOS.

Him staying in the USA without marrying you could cause some serious problems down the road.

I sincerely hope things can work out for the two of you, and yes, getting married is a huge decision, but in theory, that was a decision already made when you applied for the K-1. Good luck!

I can't speak to your other option, not marrying until after 90 days (a clear condition of his K-1 visa) and filing I-130 whenever you decide to marry after that term expires.

B and J K-1 story

  • April 2004 met online
  • July 16, 2006 Met in person on her birthday in United Arab Emirates
  • August 4, 2006 sent certified mail I-129F packet Neb SC
  • August 9, 2006 NOA1
  • August 21, 2006 received NOA1 in mail
  • October 4, 5, 7, 13 & 17 2006 Touches! 50 day address change... Yes Judith is beautiful, quit staring at her passport photo and approve us!!! Shaming works! LOL
  • October 13, 2006 NOA2! November 2, 2006 NOA2? Huh? NVC already processed and sent us on to Abu Dhabi Consulate!
  • February 12, 2007 Abu Dhabi Interview SUCCESS!!! February 14 Visa in hand!
  • March 6, 2007 she is here!
  • MARCH 14, 2007 WE ARE MARRIED!!!
  • May 5, 2007 Sent AOS/EAD packet
  • May 11, 2007 NOA1 AOS/EAD
  • June 7, 2007 Biometrics appointment
  • June 8, 2007 first post biometrics touch, June 11, next touch...
  • August 1, 2007 AOS Interview! APPROVED!! EAD APPROVED TOO...
  • August 6, 2007 EAD card and Welcome Letter received!
  • August 13, 2007 GREEN CARD received!!! 375 days since mailing the I-129F!

    Remove Conditions:

  • May 1, 2009 first day to file
  • May 9, 2009 mailed I-751 to USCIS CS

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Well, I don't know what his stamp on his passport says, but by my calculations based upon your timeline, his visa expires today.

He wouldn't have lost his VWP privileges had he gone home without marrying you during the 90 days. He does lose them by overstaying his visa.

It won't necessarily be more difficult for him to get another K1 visa if he goes home and you decide to apply again. As long as he doesn't overstay by more than 180 days.

Whether you decide to marry or separate, just make sure he does either within 180 days.

There's a good bit of anecdotal evidence here of couples who do marry outside the 90 days but file for AOS with the next 180 days with success. Nothing is guaranteed but it's not an issue of 'forgiveness'. Immigrants in that scenario are 'exempt' from the overstay bar by virtue of marriage to a USC.

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If you do get married after the 90 day...you will need to file 1-130 along with your AOS, Like becca said you should aim to file before the 180 days....

Good Luck in whatever you end up doing...


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