Overstayed K1 visa

[VNMH 3]

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! 

[OldUser 11,042]

You're married on time, so I-129F should still carry the day, no I-130 is needed.

[Boiler 48,294]

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

[VNMH 3]

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 45,818]

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 November 1 by Crazy Cat

[appleblossom 5,442]

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 48,294]

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?

[Dashinka 26,293]

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!

[VNMH 3]

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 48,294]

That is not so bad.

[Augustjourney2024 8]

On 11/1/2025 at 11:48 AM, 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. 

Don’t wait to have a lot of joint evidence before submitting. USCIS knew that as a K1 visa you can’t do a lot of things especially joint finances. Marriages certificates and pictures on the wedding day is one proof. Joint finances will come later. You can submit additional documents if they ask you an RFE or at your interview later down the road. 

[jolive2025 7]

Hello,

 

We went through the same situation and here is our personal experience.  

 

The I-94 expiration date was never ever brought up in our journey.  HOWEVER, your results may vary and always provide a clear explanation IF you are asked for.

 

We did not provide health insurance as evidence. Other sources of evidence can include: Utility Bills (with both your names on it), Joint Bank Accounts, Phone Bills, travel receipts, and lots of PRINTED photos, trips together etc. 

 

As for evidence:

- Open a join bank account

- Add both your names to the utility bills (Gas Company, Waste/Landfill, Water bills, Phone Bills) - these are faster to do with less turn around time.

- Print lots of photos and the date and places you both have been.

 

During this stage that you are in, it would be best not to travel outside of the country until you receive a Green Card.  We were very strict on this, even road trips out of state were out of the question.

 

2 weeks expiration does not seem so bad. IMHO.  Good luck!

[Elitevaz 20]

The statements about joint this and that stress me out. I would fail this on every relationship I’ve had with other Americans in the past.

 

 Joint bank - never did it. Don’t find value in it. My wife has no social, the bank wants a social. So I can’t do it even if I wanted to.

 

 Joint utility - is this even possible? I’ve never done this. I’ve never seen anyone else do it. I’ve never seen an option to do this. Never seen anyone else do it. The utilities are registered to one person.

 

 Joint phone bill - my mom is a veteran and hosts the plan for our family, which gives us all a discount. The best I could do is show her and her number on the bill.

 

 Health insurance - my job wants her social, can’t do it.

 

i got pictures of Thanksgiving with family and some other pics. My parents love her. We talk all day when I’m away for work each day. To me the requested proof is mostly unreasonable.

[TBoneTX 48,600]

2 hours ago, Elitevaz said:

joint this and that

Shop for a lawyer who can draft wills, medical & financial powers of attorney, and similar estate documents.  These make superlative relationship evidence, and they're even more crucial to have in "life."  Remember that if you move from one U.S. state to another, your wills may need to be redone.

[Elitevaz 20]

26 minutes ago, TBoneTX said:

Shop for a lawyer who can draft wills, medical & financial powers of attorney, and similar estate documents.  These make superlative relationship evidence, and they're even more crucial to have in "life."  Remember that if you move from one U.S. state to another, your wills may need to be redone.

I get it, but who does this in year 1 of their marriage? She doesn’t even have a ssn yet. Idk who came up with these markers of a bona-fide marriage, but some of these expectations are detached from reality and definitely not keeping up with the average modern American.