Overstay K1 Visa

[VinhBao MyTam 3]

Out of curiosity, I was under the incorrect notion that if you don't marry within the 90 days, you will have to somehow start all over. Can one of you explain further about this i130?

I-130 is the equivalent of the I-129f but for those who are already married. So basically the individual has overstayed their visa. But in the meantime you've gotten married so you can do the I-130. I wouldn't recommend it.

[Rebecca Jo 1,962]

Out of curiosity, I was under the incorrect notion that if you don't marry within the 90 days, you will have to somehow start all over. Can one of you explain further about this i130?

It's just like someone coming over on any valid visa, overstaying, then marrying. Adjustment of status is allowed based upon marriage to the US citizen. Overstay is "forgiven" if the adjustment is approved.

Best to file within 180 days after expiration of the I94 in the passport, as the overstay clock begins to tick.

In other words, if petitioner can't manage to get 2 hours off work to marry within 180 days of expiry of the I94, alien can head home without incurring the bar.

Which they might want to consider now, actually.

I-130 is the equivalent of the I-129f but for those who are already married. So basically the individual has overstayed their visa. But in the meantime you've gotten married so you can do the I-130. I wouldn't recommend it.

It's perfectly legal.

And I don't think the two documents are "equivalent", but I'm not going to split hairs over it.

[Fandango 1,439]

Thx everyone....now I know.

I don't want to pry, but for the life of me, I cannot understand how someone is so pressed for time that that (s)he would rather pursue that ave, or going home, as opposed to just taking the day off and doing it. 'Work demands' just doesn't seem to warrant that, but hey, whatevs

[VinhBao MyTam 3]

It's just like someone coming over on any valid visa, overstaying, then marrying. Adjustment of status is allowed based upon marriage to the US citizen. Overstay is "forgiven" if the adjustment is approved.

Best to file within 180 days after expiration of the I94 in the passport, as the overstay clock begins to tick.

In other words, if petitioner can't manage to get 2 hours off work to marry within 180 days of expiry of the I94, alien can head home without incurring the bar.

Which they might want to consider now, actually.

It's perfectly legal.

And I don't think the two documents are "equivalent", but I'm not going to split hairs over it.

I know it's perfectly legal. Maybe I should have said, I wouldn't recommend planning on it. :-)

Since you have already started splitting the hair you might as well, but feel free to do so in another post or PM as, of course, I don't want to hijack the post... but I like hairs split; it helps later.

[Rebecca Jo 1,962]

Thx everyone....now I know.

I don't want to pry, but for the life of me, I cannot understand how someone is so pressed for time that that (s)he would rather pursue that ave, or going home, as opposed to just taking the day off and doing it. 'Work demands' just doesn't seem to warrant that, but hey, whatevs

Remember that conversation we were having earlier today about working too much and family time?

[Fandango 1,439]

Remember that conversation we were having earlier today about working too much and family time?

Apples and oranges. Come on, I know you agree

[Rebecca Jo 1,962]

Apples and oranges. Come on, I know you agree

This is what happens when work takes precedence over family.

[Rebecca Jo 1,962]

I know it's perfectly legal. Maybe I should have said, I wouldn't recommend planning on it. :-)

Since you have already started splitting the hair you might as well, but feel free to do so in another post or PM as, of course, I don't want to hijack the post... but I like hairs split; it helps later.

Well, the two forms serve the same purpose. But the I129F is really a bit more "nosey". Asks all sorts of questions of the petitioner like if they've have a criminal conviction. If the petitioner met the beneficiary through the services of a marriage broker. If the petitioner and beneficiary have met in the last two years.

[VinhBao MyTam 3]

This is what happens when work takes precedence over family.

My goodness, this seems to be an extreme example.

To the OP, if you're having cold feet, PM me. :-) I'd be happy to talk to you about it.

[Fandango 1,439]

This is what happens when work takes precedence over family.

To split hairs, that wasn't even the argument in the other thread, but I'll leave that there.

This thread will be interesting to watch.

[Rebecca Jo 1,962]

To split hairs, that wasn't even the argument in the other thread, but I'll leave that there.

This thread will be interesting to watch.

It might not have been what you were "arguing" over (since you use the word "argument) but it was the point I was getting at.

I don't think the OP will be back.

[Fandango 1,439]

It might not have been what you were "arguing" over (since you use the word "argument) but it was the point I was getting at.

I don't think the OP will be back.

If that was the point you were getting at by actually saying a SAHD was 'not contributing' then ok, that's what you were getting at. (btw, as a sahm, that kinda is insulting to me, but whatevs)

You might be right about the OP here.

[payxibka 10,045]

I don't know why there is so much sass on this site from not only members, but organizers. I would think it good that someone mention it costs more, so they can make their decision. "Not a big deal" indicates it is little difference. Just want to say it's some more money. That's why the "and?" I'm not arguing with you, just adding something I think that might be a factor in making their decision.

$420? Still not a big deal.... its not like leaving the country at a price likely much higher than $420) and starting over as some have indicated... leaving and starting over to me now that is a BIG deal that can be avoided

PS I am a member first and not just an organizer

[Rebecca Jo 1,962]

If that was the point you were getting at by actually saying a SAHD was 'not contributing' then ok, that's what you were getting at. (btw, as a sahm, that kinda is insulting to me, but whatevs)

You might be right about the OP here.

I think this is a touchy spot with you then!

In the words of Heath Ledger - why so serious?

[Richie Rich 70]

Come on --give the guy a break . we do not know his circumstances and he do not wish to explain . He have a job that requires him to be away for a while or on a ''special mission '' or deployed in a foreign country etc . He know the consequences and is willing to pay for it . Best wishes .