Overstay K1 Visa

[Kathryn41 3,205]

Thread closed for review

After review, I have removed two threads removed - one for a complete TOS violation and the other for quoting and addressing the same. The acceptable part of the post quoting the same is returned to the thread below my comments.

There are a number of posts that I could legitimately also remove as inappropriate, and some border-line TOS violations - judgmental, off-topic, and nit-picking bickering between various members and comments that are allowed to pass in the Off Topic forum but are inappropriate for the Immigration forums . I have chosen to leave them for now, but may look to see if I can separate them out to make a separate topic of their own so they do not derail the OPs thread any further.

The OP asked for advice. He did not ask for your judgments or your criticisms. His circumstances are his own and he has not shared them so speculations on the reasons for his question are inappropriate in this thread. Any further posts speculating on whys or choosing to make judgments will be removed and the posters thread-banned.

To the OP: if you are not able to get married within the 90 days validity of the I-94 stapled into your fiancee's passport when she used the K-1 visa to enter the US, she can no longer apply to adjust status based upon the K-1 entry. She can, however, apply to adjust status based upon a legal entry to the US and a subsequent marriage to a US citizen. To do that, you would include the I-130 petition for a family member along with the I-485 package, paying the extra fee. You may be able to get away with the current medical since it is valid for a year - however, USCIS may stipulate a new medical be done.

Good luck to you and please disregard the inappropriate and judgmental comments of those who chose not to answer the question but to question your choice without knowing the particulars of your situation.

Edited February 15, 2011 by Kathryn41

[Kathryn41 3,205]

But back to the OP. If the place where you are for work for 2 weeks is in the US, then would it be possible for your fiancee to fly there for a civil ceremony. Many states are not difficult at all to get a marriage license. You don't have to be a resident of the state, etc... I'm just thinking the plane ticket will be less than the $420 and the hassle of going the other route.

For others, I guess take this as a lesson. We should try to get the marriage license ASAP when our SO gets into the country regardless of when we're planning to get married, b/c once you have that license in hand, you can get a JP to marry you lickety split. (Or a minister friend :-)

Also to the OP, amidst all the unrelated issues being discussed, I just want to make sure you caught that it is 90 days from the day she arrived in the US... even if the original visa is expiring before or after then, the 90 days starts when she comes to the US.

[Kathryn41 3,205]

Further post not directly on topic for the OPs question has been removed. I would request if anyone wishes to respond to or discuss my decision that you please do so by PM rather than posting publicly on someone else's thread thus continuing to focus the attention away from the OPs request. Thank you.