Overstay k-1 or coming back to country

[payxibka 10,045]

The problem is, those people that get married while on a different visa or illegaly, they didn't have the intention to get married (or at least USCIS can't prove it) but on a K1 visa, it's clear what the intention was and by getting married later when she's illegal in the country, is FRAUD.

For many of these discussions here on this board, we talk about fraud as it is is measured on what was the INTENT at entry.... Why is this situation any different if the intent at entry was to get married before the 90 days....

[no name 1]

The problem is, those people that get married while on a different visa or illegaly, they didn't have the intention to get married (or at least USCIS can't prove it) but on a K1 visa, it's clear what the intention was and by getting married later when she's illegal in the country, is FRAUD.

For many of these discussions here on this board, we talk about fraud as it is is measured on what was the INTENT at entry.... Why is this situation any different if the intent at entry was to get married before the 90 days....

[Nanusia & Lukaszek 0]

Luis & Laura,

Don't rip my head off, I'm just asking questions that may help out the OP.

I'm sure you can find plenty of links & statements that says you must leave the US when your visa is up, and yet we have millions of illegals. (not giving them an excuse, just stating facts)

Which do you think USCIS would frown upon more? A person on a K1 overstaying a couple months before marriage & AOS... or a person who is illegal in the US 10yrs and doing AOS? (not being a smartass, asking for opinion) Because both situations aren't by the rules, yet I know the second one has adjusted successfully.

Sparky26 - Maybe you can do a search based on timelines to see if anyone here has married outside of K1 status & is done with AOS. Not sure if this can be done, but a search maybe helpful.

Edited July 13, 2007 by Nanusia & Lukaszek

[Ladylethal 12]

Yeah, I don't understand it either.

I've yet to see a case of marriage after an overstayed K1, so I'm going with what I find on USCIS and their own rules.

[payxibka 10,045]

The problem is, those people that get married while on a different visa or illegaly, they didn't have the intention to get married (or at least USCIS can't prove it) but on a K1 visa, it's clear what the intention was and by getting married later when she's illegal in the country, is FRAUD.

For many of these discussions here on this board, we talk about fraud as it is is measured on what was the INTENT at entry.... Why is this situation any different if the intent at entry was to get married before the 90 days....

This is not that difficult to understand and in fact has been a very popular topic (it appears) over the last few weeks... don't know why you are not understanding this

[jundp 191]

Sparky 26,

Is a quick courthouse marriage out of the question? It would only cost the price of the marriage license and can be done quickly and without a big deal. It seems that it would be less expensive and emotionally draining to just do that, rather than to return home and start the process over again.

[no name 1]

The problem is, those people that get married while on a different visa or illegaly, they didn't have the intention to get married (or at least USCIS can't prove it) but on a K1 visa, it's clear what the intention was and by getting married later when she's illegal in the country, is FRAUD.

For many of these discussions here on this board, we talk about fraud as it is is measured on what was the INTENT at entry.... Why is this situation any different if the intent at entry was to get married before the 90 days....

This is not that difficult to understand and in fact has been a very popular topic (it appears) over the last few weeks... don't know why you are not understanding this

Do not insult me please.

Perhaps if you spelled it out better, I would have gotten it easier.

[payxibka 10,045]

Do not insult me please.

Perhaps if you spelled it out better, I would have gotten it easier.

Sorry... I forgot.. for you it is "Do as I say not as I do..."

[Ladylethal 12]

To the OP, if there are no doubts about the marriage, I'd do a civil marriage asap, if the issue is in fact getting married, overstaying your K1 indefinitly and marrying later on might become a headache for you, when explaining the entire situation for AOS, which can even, if the reason is weak (we didn't know if we wanted to get married), lead to a denial.

[Sparky_26 0]

Sparky 26,

Is a quick courthouse marriage out of the question? It would only cost the price of the marriage license and can be done quickly and without a big deal. It seems that it would be less expensive and emotionally draining to just do that, rather than to return home and start the process over again.

I know it's a solution but I still have time to do it. But it was only my question and I wanted to know your opinion. Thanks for help anyway.

[desert_fox 32]

If you dont get married within the 90 days, then you cannot get maried and expect to AOS based upon the K1...it expired. You would have to go thru the I-130 route, and once it is approved then you AOS. Just dont leave the US till you hae your green card.

[Jasman0717 9]

Definitely do not over-stay, not good. You can always do the K-1 again or get married, go back and do the K-3. Good luck

[kitkat1 5]

There are situations when a USC marries an illegal alien (not talking K1 for right now) and they successfully do AOS because overstay is forgiven as part of AOS.

People who entered the country illegally and marry CANNOT successfully adjust status in the country because their illegal entry is NOT forgiven. (If that were the case, the millions of illegals who are married to American Citizens would simply adjust their status in the US and not worry about immigration reform). They have to go through the petition process, consular interviewing in their home country, and submit and receive approval on waivers.

http://www.uscis.gov/files/form/i-485.pdf

Who Is Not Eligible to Adjust Status?

You are not eligible for adjustment of status if any of the following apply to you:

You were not admitted or paroled following inspection by an immigration officer

If someone entered on a valid visa, i.e. student visa, marries and overstays, they CAN successfully adjust their status in the country because their legal-visa-overstay IS forgiven. (If they leave the country without adjusting their status, they have to go through the waiver process).

In the case of a K1s it's clear that you must marry within 90 days or you will have to marry and file the I-130.

[no name 1]

There are situations when a USC marries an illegal alien (not talking K1 for right now) and they successfully do AOS because overstay is forgiven as part of AOS.

People who entered the country illegally and marry CANNOT successfully adjust status in the country because their illegal entry is NOT forgiven. (If that were the case, the millions of illegals who are married to American Citizens would simply adjust their status in the US and not worry about immigration reform). They have to go through the petition process, consular interviewing in their home country, and submit and receive approval on waivers.

http://www.uscis.gov/files/form/i-485.pdf

Who Is Not Eligible to Adjust Status?

You are not eligible for adjustment of status if any of the following apply to you:

You were not admitted or paroled following inspection by an immigration officer

If someone entered on a valid visa, i.e. student visa, marries and overstays, they CAN successfully adjust their status in the country because their legal-visa-overstay IS forgiven. (If they leave the country without adjusting their status, they have to go through the waiver process).

In the case of a K1s it's clear that you must marry within 90 days or you will have to marry and file the I-130.

I knew you would know! Thanks for clearing that up KK.

[randolady 1]

I also recommend just going to the courthouse. If you guys want to get married, then do it! The family doesn't have to know.