Is there anyone out there who got married in the US without a K-1?

[Inky 1,110]

you WILL get an interview for the AOS I can pretty much promise you that much, but just be organized stay cool answer what they ask you and don't add anything extra to it just short to the point answers.

Everyone goes through that worrying process, we did with the k-1, it sucks but it has to be done! Might as well not worry too much and deal with things as they come right?

[nats6624 0]

you WILL get an interview for the AOS I can pretty much promise you that much, but just be organized stay cool answer what they ask you and don't add anything extra to it just short to the point answers.

Everyone goes through that worrying process, we did with the k-1, it sucks but it has to be done! Might as well not worry too much and deal with things as they come right?

So you don't think they will instantly deny me? i will atleast get a chance to explain myself?? I just can't imagine leaving i have been here with him for so long.

[Kittykisses73 1]

We are a sucessful story adjusting from VWP, as you can see from our timeline, it took roughly 5 months. It also cost about $2000! That said good luck!

[Justine+David 218]

There's a huge difference, though, in that you applied for adjustment within the 180 days. This OP has stayed here for over a year.

[rebeccajo 14]

There's a huge difference, though, in that you applied for adjustment within the 180 days. This OP has stayed here for over a year.

The INA allows for the overstays of alien spouses of US citizens to be 'forgiven' when that alien spouse seeks to adjust their status from within the US.

There is no stipulation within the INA as to the duration of that overstay.

Moving the thread out of family based visa adjustment to adjusting from other status.

Edited November 3, 2009 by rebeccajo

[JERIII 8]

There's a huge difference, though, in that you applied for adjustment within the 180 days. This OP has stayed here for over a year.

No, that really doesn't matter.

As rebeccajo said, overstays are allowed to be forgiven for immediate relatives of US citizens. And they are forgiven, routinely.

OP - you will have an interview, because everyone who applies via the I-130/I-485 route has an interview. If you and your spouse act like a couple, and bring your evidence of co-mingled lives, you will be fine. As someone else said, your life will be probably be easier if you can get a Canadian passport.

Whatever you do - do NOT leave the US before you have your green card. That will trigger a ban and you will then have a major problem.

Lots of people do this.

[ayawdie 0]

I was out of status for 12 years, and now am a LPR... Dont worry, every thing will be fine.

[Lenie7 0]

Yes, you will be fine and the overstay will be forgiven. The most important thing, as others have mentioned, is that you CANNOT leave the U.S. while you are going through the green card process. This could invoke a ban, even if you apply for advanced parole and the USCIS grants it. I would get started ASAP. Good luck!

[vip1 8]

The out of status doesn't matter, I was out of status for years and I am a LPR now. What's important is that you and your husband have a bonafide (real) relationship, good luck

[bluegreen 0]

You will be fine, I bet.

Get your passport and your long form birth certificate. I was born in Ontario and was able to order mine online for about $30, since I just had the plastic card. Every province has different fees and procedures. I did not order mine "rush" and I still got it very quickly.

[Boiler 45,486]

The out of status doesn't matter, I was out of status for years and I am a LPR now. What's important is that you and your husband have a bonafide (real) relationship, good luck

Absolutely, unfortunately there are posters on this site who make it up as they go along.

[jer216 4]

Did you enter as a tourist? If so we went through more or less the same thing as you. My husband came on a tourist visa from Uruguay in December of 2003. He overstayed his visa, which expired June 2004. He lived in the US during that time and we got married in April of 2007. We hired a lawyer who filed I-130, I-485 and I-765. We were approved in 6 months and had no problems, however it was the longest 6 months of my life worrying about if he would be denied/deported. Good luck!

[nats6624 0]

Ok it is good to know there are people out there that have success stories.. I just couldn't seem to find any and my hope was just dwindling... I am going to file as soon as i get my long form birth certificate.. Thank you guys all so much!!!

[Justine+David 218]

The out of status doesn't matter, I was out of status for years and I am a LPR now. What's important is that you and your husband have a bonafide (real) relationship, good luck

Absolutely, unfortunately there are posters on this site who make it up as they go along.

Well, I apologize. I was pretty sure I had read many times that if you over stay by more than 180 days that you trigger a 3 year ban and that if you stay even longer than that you can trigger a 10 year ban.

What's the point of going through all the K1/CR1/etc if you can just do this? Shoot, maybe my fiance and I should just get married this week when he comes over...

[Mavisgrind 1]

My wife arrived on a tourist visa, decided to go to school and submitted all the paperwork to have it converted to a F1 visa. When we met and decided to get married we went through all the paperwork again filing the I485 along with all the other "I" forms. It was no problem. We have known a number of other people who arrived on several different types of visas, including a tourist visa and including Canadian citizens without a visa, and as long as you can state that you did not intend to get married when you entered the US but decided later while you were here, it should be all right. It all depends on your stated intent when you entered the US. You might consider reading the Nolo Press book (available as a PDF) on Marriage Visas and Permanent Residency.

Best regards,

MG