BLN85

He will have to leave the US, he cannot adjust his status inside the US by marriage to you; this is a provision of the K-1 visa to prevent exactly what he did. He will have a 10 year ban when he leaves the US. He will receive extra scrutiny due to his failure to comply with the provisions of the K-1 visa as it looks like he is just looking for a green card. You are going to need a lot of proof of having a real relationship and I would suggest getting married and applying for the spousal visa.

You will file the petition and when it is approved he will be schedule for an interview. At that time his visa will be denied and he will be told why; you will need to file a hardship waiver to overcome the ban showing why 1. you need him in the US with you and 2. why the two of you can't live in another country together. That is if he is only denied for the overstay. It is quite possible they will deny him for lack of a real relationship or other reasons.

Good luck to you and a word of warning. I have seen attorneys make say they could do things they can't just to get your money. If your attorney says he can stay in the US and adjust status get details of how this will be done.

Im not sure I understand 100%.....because of the previous K-1 visa he would have to leave the us....the suggestion would be for us to get married and then he leave the us (subject to 10 year ban) and once the ban is over petition for spouse visa?

I'm sorry if I don't understand....but if thats how I understand its a pretty crappy situation!

Likely we will have to find some way to make things work, hopefully find some travel opportunities...because us traveling and living in his country (el salvador) is not ideal...not the opportunities we have been working hard for, and sadly his main reason for not returning after K1 expired (fears of going back to the country)

Why would he not face the 10 year ban? Since he has been here illegally for more than 1 year?

Also, is it true that him failing to follow through and marry on his first K-1 visa, he likely will not be granted another? Or this is my understanding, especially taking into consideration his overstay.

I've been reading around this website and I apologize in advance if I am posting in the wrong area, I wasn't sure what was best.

I am currently seeing someone who is not a US citizen. We've been together for a little less than a year and now have some serious issues to figure out.

He originally came to the US on a K-1 visa, but did not get married to the woman. This was almost two years ago and now he has been an overstay since that point.

Were at the point in our relationship where I am comfortable talking with a lawyer about how we can take things to the next level (get married, etc.... I have been married once before so I am cautious and making sure to take things slow) but there's so much I don't understand about the K1 overstay.

If anyone could help me understand it would be greatly appreciated!

1. Is it true that an adjustment of status for a person with a K-1 overstay is nearly impossible without returning to home country and facing the 10 year ban? I know people with overstays from student visas and work/travel visas who successfully got married and did not have to leave the country. Is the fiancee visa just different? Or do I happen to know some lucky people?

2. What are the best questions to ask a lawyer during a consultation?

3. What options do we have if he is subjected to the 10 year ban from the US? Our options for employment and livelihood in his country is not so great.

4. Anyone have any good news or success stories about K1 overstays for me? Im in need of a little hope right now!