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MiamiMark

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  1. Hi everybody, great website with lots of good information.

    I’m hoping someone knows the answer to my question:  

    I’m a US Citizen and my fiancée (now wife) entered the US legally pursuant an approved I-129F (K1) Fiancée Visa.

    We married within the 90 days, but we did not apply for her AOS with the Form I-485 yet.  Now it is day 120 (so my new wife has already overstayed by 30 days), and my wife is still here in the US with me.

    If we had filed the I-485 after getting married and WITHIN the 90 days this wouldn’t be an issue, but since we didn’t (we only married, but didn’t submit the I-485 yet).... do we now need to submit an I-130 (Petition for Alien Relative) with our I-485 since she has now overstayed and is out of status?

    Thanks for any advice/assistance you can give us.

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