Bankruptcy Issue

[inksmear 0]

I came over to the U.S. to visit my boyfriend and on a crazy spur of events, ended up married. I now want to file for permanent residence here in the U.S.

The thing is, my husband (!!!) filed for bankruptcy recently. Is this going to affect the process? If so, how? Also, how do we go about filing now? I know that normally a K1 visa happens first, but I'm already in the U.S. and wish to stay with him. Help!

[Deputy Purple 1,294]

I came over to the U.S. to visit my boyfriend and on a crazy spur of events, ended up married. I now want to file for permanent residence here in the U.S.

The thing is, my husband (!!!) filed for bankruptcy recently. Is this going to affect the process? If so, how? Also, how do we go about filing now? I know that normally a K1 visa happens first, but I'm already in the U.S. and wish to stay with him. Help!

No it won't affect your AOS in any way.

What you do need to be worried about is how you entered and when you file.

If you entered on VWP (Visa Waiver Program) then you must file before your I-94 expires as it seems USCIS is starting to deny AOS for VWP Overstayers!

[Darnell 8,478]

*** not a K-3 visa topic, moving to AOS forum ***

[inksmear 0]

Thank you so much for the reply!

When I entered the U.S. I said that I would only be staying for about a month. I was not given any papers or told when I had to leave by. I haven't overstayed what I originally told them I would, but obviously if I were to apply for AOS I would. How do I go about this the right way?

[Brother Hesekiel 2,236]

Are you from CAN-A-DA?

[inksmear 0]

Yes, from the land of Canada.

[Kevin&Jessica 3]

Thank you so much for the reply!

When I entered the U.S. I said that I would only be staying for about a month. I was not given any papers or told when I had to leave by. I haven't overstayed what I originally told them I would, but obviously if I were to apply for AOS I would. How do I go about this the right way?

reading this post am wondering if the 30-60 day rule may come into play?

[inksmear 0]

What is the 30-60 day rule?

[Kevin&Jessica 3]

What is the 30-60 day rule?

if u enter into the usa and get married b4 30 or 60days it can be considered by immigration as u r doing it to only get your greencard and can be denied on that alone no matter how much proof u can provide

[amykathleen2005 441]

if u enter into the usa and get married b4 30 or 60days it can be considered by immigration as u r doing it to only get your greencard and can be denied on that alone no matter how much proof u can provide

That is a possibility. It is going to be difficult to prove that in less than 30 days from entering that you did not intend to get married and stay all along ( I am not saying you did or you didn't, this is just what I've heard). USCIS does not seem to feel that 30 days is sufficient time to make such a decision.

[JimVaPhuong 4,863]

The 30/60/90 day rule doesn't exist anymore. Thanks to some precedent BIA and court cases, USCIS won't deny AOS solely for preconceived intent, even if they have evidence of it. If, in addition to evidence of preconceived intent, they also have evidence that the immigrant misrepresented their intent to an immigration officer, then they WILL deny the AOS, and ban the intending immigrant for fraud. Unless CBP specifically asked her if she was going to get married in the US, and she denied it, she shouldn't have any problems adjusting status.