K1

[Kinsey 0]

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.

Kinsey

Edited July 29, 2007 by Kinsey

[ready4ONE 5,400]

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.

[rebeccajo 14]

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.

[Kez/JWolf 6]

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...

Kez