I think for the most part it's general scare tactics and paranoia, but I too would be afraid to travel with 5.5 months of overstay, but perhaps I have succumbed to the paranoia.
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). !I know there's a ban triggered at 180 days or more but would 1 day (or possibly 3-4 days) of overstay cause any problem upon returning if we take a trip outside of the U.S. before she receives her GC?Yeah as Amykathleen said you are wrong on so many points here.The rules for using AP are pretty straightforward. However, I am reading that the medical exam and vaccination records be submitted with the I-485. This exception appears to allow immediate relatives and K visa dependents to adjust their status even if they are on an expired visa. As the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas. The downside of having your case end up in court is that you will probably have to spend thousands of dollars in attorney’s fees. If the CBP officer doesn't find any inadmissibility when you present yourself for reentry then they'll admit you back into the US. Yay!!!! If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other.
We got married and everything, but it’s been taking a long time to get the paperwork together for the adjustment of status packet.
We had a lovely wedding on Friday and I sent off all the AOS stuff yesterday. Plus, the judge will be legally bound to give much stricter scrutiny to the bona fides of your marriage than USCIS would have. This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). If you are outside the US now, you cannot enter the US on an expired K-1 visa. We use cookies to give you the best possible experience on our website. If you come to the U.S. on a K-1 fiancé visa, given to foreign nationals for the purpose of entering the U.S. and marrying a U.S. citizen, realize that your visa cannot be renewed. While the applications are pending, you can continue to be in the US.12/29/2009 - Married in Oakland, CA!No, you will not be legal because you have no authorization to be in the US. The fees required during the K-1 and K-2 visa process are paid at the same steps. My wife's K1 visa expired, but we are married and about to apply for adjustment of status. We got married and everything, but it’s been taking a long time to get the paperwork together for the adjustment of status packet. If you didn't accumulate 180 days or more of unlawful presence then you wouldn't be inadmissible on that basis. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e).You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:For more information, see the following:K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. and my visa will expire next month.. we're notthanks in advance for your replies...Jan 21, 2011: Biometric Appointment (Walk-in Successful)There would be no practical difference between 1 day and 179 days of overstay. They can stay as long as they like as they have followed the terms of the visa.Not precisely. There, you can present your application for a marriage-based green card to the immigration judge.I came to the U.S. on a K-1 fiance visa.
Getting married within 90 days is the only requirement in order to be eligible to adjust status based on a K1 visa. Necessary cookies are absolutely essential for the website to function properly. Remember, the K-1 visa expiration date becomes irrelevant after you enter. She never made copies as she was instructed to not open the package. I didn't apply for an SSN as I was getting married in 2 weeks and I know that it takes 2 weeks for my entry details to filter down to SS. YAY!!! She handed them sealed to an immigration officer when she entered the U.S. and were not returned to her. Is this normal and they’ll produce the records or do I need to worry about getting those somehow or have to do it all over again here? So if you visit the U.S. on a tourist visa (B-1) with the secret intention of getting married, you will have committed visa fraud. to immigrant status (green card).