Marriage after 90 days with k1 visa

[kitatun 0]

Hi!! I need help to know if my situation has any solution!!!!

In enter in the United States in October of 2006, with k1 visa, my only intention was to get married with my fiance, but for one or another problem including, first, adaptation to the convivence the firts months and after that economic problems, and after that the murder of his mother.... at this moment (more than 3 years after i enter USA) we are not married jet..... we love each other, we want to stay together, i never work illegaly in this country, since i enter i am being "stay at home fiance" taking care of my fiance, that for my, is my husband.... but legally isn't... Now we want to fix this situation and the mistakes we made not being married ontime, but i don't know if getting married we can ask for my legal residence, or i will be force to leave USA to can get legal residence..... please if some one know something in cases like mine, please give me information....

We are between, get married and ask for legal residence for me, or wait and see if the goverment make some inmigration reform and i can fix my situation....

Thank you for you cooperation...

kitatun.

[john_and_marlene 162]

Hi!! I need help to know if my situation has any solution!!!!

In enter in the United States in October of 2006, with k1 visa, my only intention was to get married with my fiance, but for one or another problem including, first, adaptation to the convivence the firts months and after that economic problems, and after that the murder of his mother.... at this moment (more than 3 years after i enter USA) we are not married jet..... we love each other, we want to stay together, i never work illegaly in this country, since i enter i am being "stay at home fiance" taking care of my fiance, that for my, is my husband.... but legally isn't... Now we want to fix this situation and the mistakes we made not being married ontime, but i don't know if getting married we can ask for my legal residence, or i will be force to leave USA to can get legal residence..... please if some one know something in cases like mine, please give me information....

We are between, get married and ask for legal residence for me, or wait and see if the goverment make some inmigration reform and i can fix my situation....

Thank you for you cooperation...

kitatun.

You can still get married and adjust status. You will have to file I-130 (and pay the I-130 fee) along with your adjustment of status. As long as you are marrying the K1 petitioner, you are eligible to adjust status to permanent resident. If you had married before the I-94 expired (in the first 90 days) you could have adjusted status based on the K-1 entry and would not need the I-130, but since you will marry after the I-94 expired you will need to also file the I-130.

[Otto 83]

So... when are you going to get married?

ETA: duplicate thread

Edited February 26, 2010 by Otto und Karin

[TracyTN 237]

I am sorry for your situation, but by not having married w/in the 90 day time frame, you have put yourself out of status. It's a shame you didn't at least go to the courthouse and done a 'quicky' marriage by a judge. But, water under the bridge at this point.

You should have left after the 90 days was up and either applied again or gotten married and applied for a spousal visa.

The fact that you now have 3 years of illegal presence has opened you up to, I believe, a 10 year ban.

You need an immigration attorney, pronto.

[john_and_marlene 162]

We are between, get married and ask for legal residence for me, or wait and see if the goverment make some inmigration reform and i can fix my situation....

You don't have to wait for immigration reform. If you marry the petitioner, even after the I-94 expires, you are eligible to adjust status.

[klicristina 0]

homework...

http://www.visajourney.com/forums/index.php?showtopic=225716

[john_and_marlene 162]

homework...

http://www.visajourney.com/forums/index.php?showtopic=225716

You got the same information from me in that thread. You CAN adjust status, but you will have to file I-130 along with it as the basis for adjustment. No matter how many times you ask the question, the answer will remain the same.

I suggest you do some homework if you don't like the answer. You can start with the uscis.gov website -- there is a place there that says the same thing -- your homework is to find it.

[kitatun 0]

Thank you for your answer, we are planning geting married next month, you give me a lot of hope..... my fiance ask to a lawyer for this, and he say the same, but i was not shure, i want to know if someone else was in the same situation..... but now reading your answer and some other, i have hope, i really was so afraid to be force to stay away of my fiance, i love him so much, i really don't see my self without him...... .... thank you again

[TBoneTX 45,652]

I am sorry for your situation

You need an immigration attorney, pronto.

Si, man -- muy pronto.

[TBoneTX 45,652]

And please avoid starting multiple threads about the same subject... one is plenty.

[john_and_marlene 162]

I am sorry for your situation, but by not having married w/in the 90 day time frame, you have put yourself out of status. It's a shame you didn't at least go to the courthouse and done a 'quicky' marriage by a judge. But, water under the bridge at this point.

You should have left after the 90 days was up and either applied again or gotten married and applied for a spousal visa.

The fact that you now have 3 years of illegal presence has opened you up to, I believe, a 10 year ban.

You need an immigration attorney, pronto.

They don't need an attorney--they need an I-130. No bans are triggered unless they leave the U.S. If they marry now ... or 10 years from now without leaving the U.S. they will still be eligible to adjust status. They are, however at risk and are deportable unless and until the adjustment of status is filed.

[klicristina 0]

You got the same information from me in that thread. You CAN adjust status, but you will have to file I-130 along with it as the basis for adjustment. No matter how many times you ask the question, the answer will remain the same.

I suggest you do some homework if you don't like the answer. You can start with the uscis.gov website -- there is a place there that says the same thing -- your homework is to find it.

I am just giving kitatun a homework since we have a similar case. I am not asking nothing!

[TracyTN 237]

I didn't realize you could adjust status when you technically have no status to adjust from. I thought an attorney - at least a consultation with one - would help the OP to make sure that they do the right thing and not dig a deeper hole for themselves.

[john_and_marlene 162]

I didn't realize you could adjust status when you technically have no status to adjust from. I thought an attorney - at least a consultation with one - would help the OP to make sure that they do the right thing and not dig a deeper hole for themselves.

While you cannot adjust status based on the K1, you can adjust status by concurrently filing the I-130 just like anyone else already in the U.S. overstaying a nonimmigrant visa. The additional restriction of the K-1 entry is that status adjustment is limited by requiring that the adjustment be based on marriage to the K-1 petitioner even if you are now using the I-130 as the basis of adjustment following the marriage.

[john_and_marlene 162]

I thought an attorney - at least a consultation with one - would help the OP to make sure that they do the right thing and not dig a deeper hole for themselves.

They have not dug a hole. Marriage outside the 90 days occurs. USCIS requires that a new petition for the spouse be filed concurrently with the adjustment of status when that occurs.