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Overstayed K1 visa

By VNMH in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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VNMH Apprentice

VNMH   3

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Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hi everyone, 

I and my fiancée got married within 90 days after she arrived in the US. We are not able to submit AOS package within 90 days of her i-94. We watched videos on Youtube about the AOS package with expired K1 visa. We are aware that we have to put out of status in question 14 part 1 page 3 and answer yes in question 76 part 9 page 21. Additionally, we have to clarify that she overstayed between date and date in part 14. Is that all that we have to do or we have to submit I-130  with our AOS package? Thank you so much! 

Boiler Grand Master

Boiler   48,169

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Get it filed asap, was there a reason why it has not been done?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

VNMH Apprentice

VNMH   3

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Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted
34 minutes ago, Boiler said:

Get it filed asap, was there a reason why it has not been done?

The reason is we have been collecting evidence like proof of living together, health insurance, etc. we are planning to submit it by the end of this month. 

Crazy Cat Grand Master

Crazy Cat   45,718

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
9 minutes ago, VNMH said:

The reason is we have been collecting evidence like proof of living together, health insurance, etc. we are planning to submit it by the end of this month. 

I would file ASAP.  This administration is not fooling around.  Any contact with law enforcement could result in detention.  Marriage to a US citizen confers NO immigration rights and no rights to remain in the US.  There are no benefits in waiting.

 

 

Edited by Crazy Cat

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appleblossom Mentor

appleblossom   5,266

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Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
40 minutes ago, VNMH said:

The reason is we have been collecting evidence like proof of living together, health insurance, etc. we are planning to submit it by the end of this month. 

 

End of November? As said above, I wouldn't wait that long, you really don't want her to be out of status at the mo. Just get it filed urgently, better to do that and receive an RFE than have her deported. 

 

Good luck. 

Boiler Grand Master

Boiler   48,169

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
5 hours ago, VNMH said:

The reason is we have been collecting evidence like proof of living together, health insurance, etc. we are planning to submit it by the end of this month. 

You can add evidence, most people file as soon as they have the Marriage Certificate in hand.

When did she enter?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Dashinka Grand Master

Dashinka   26,253

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

I agree with everyone else here.  File ASAP, you can gather more evidence while the petition is processing and take it to the interview.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

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VNMH Apprentice

VNMH   3

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted
16 hours ago, Boiler said:

You can add evidence, most people file as soon as they have the Marriage Certificate in hand.

When did she enter?

She arrived in August 6th. Her I94 is going to be expired tomorrow. We will to file in 2 weeks. I hope everything will be ok. 

Boiler Grand Master

Boiler   48,169

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

That is not so bad.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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