K1 VISA - WHAT HAPPENS IF?

[mahrm1 0]

Hello everyone, I am originally from the UK, but got married a couple of years ago to a US citizen and now live there with my partner, is it true that if I was to go back to the UK because I dont have a green card, I would not be allowed back in the USA for 10 years?

[canadian_wife 1,827]

How did you enter the US the last time you entered?

Good luck

[Penguin_ie 5,996]

***** Moving from K1 (fiance visa) to AOS from Tourism... as that is likely what the OP will need to do *****

How did you get to the USA?

If you came on the visaq waiver program, got married and never Adjusted Status (AOS), ie overstayed then yes, you would have a ten year ban because you overstayed more than a year. You need to AOS and get your greencard before you go back to the UK on holidays.

[I+H 11]

Hello everyone, I am originally from the UK, but got married a couple of years ago to a US citizen and now live there with my partner, is it true that if I was to go back to the UK because I dont have a green card, I would not be allowed back in the USA for 10 years?

Did you enter on a K-1 and never adjust your status? If you didn't, once you leave the country you will not be allowed back, that I do know. As far as being banned, I do not know the answer to that.

[mahrm1 0]

The thing is I cant afford a green card and its looking like I will be going back to the UK to get work as I am just wasting my time here and even if I did get a green card I dont think it will be easy for me getting work here.

[I+H 11]

The thing is I cant afford a green card and its looking like I will be going back to the UK to get work as I am just wasting my time here and even if I did get a green card I dont think it will be easy for me getting work here.

But how did you enter? K-1, visitor?

[Harpa Timsah 13,258]

But how did you enter? K-1, visitor?

It doesn't really matter now... he will incur a 10 year ban if he leaves now because he has been out of status for so long.

OP - you won't be coming back in 10 years, and after that, you will need a visa. You are no longer eligible to use the Visa Waiver Program, even for visits.

[Penguin_ie 5,996]

How long do you plan to stay in the UK? Will your US husband go with you?

What you can do is move to the UK, then when ready to move back, file for an IR-1 spousal visa. This will be denied at interview due to the overstay, if it's been less than ten years since you moved back to the UK. Your husband then needs to file for a hardship waiver to explain why he cannot move to the UK and it is a hardship for him not to have you with him (good reasons, not just that he misses you). If you go this route, the process is significantly more expensive than filing AOS for a greencard now, and will take at least a year, likely closer to two.

[I+H 11]

It doesn't really matter now... he will incur a 10 year ban if he leaves now because he has been out of status for so long.

OP - you won't be coming back in 10 years, and after that, you will need a visa. You are no longer eligible to use the Visa Waiver Program, even for visits.

If he entered on K-1 and they married within the 90 days it still wouldn't matter?

[Harpa Timsah 13,258]

If he entered on K-1 and they married within the 90 days it still wouldn't matter?

No, you can still incur a ban for being out-of-status for 180 days or more, even if you entered on a K-1. Once a K-1 entrant's 90 days expire, they begin to accumulate days of unauthorized presence. If they never AOS, then can still incur a ban if they leave the country, just like any other visa. Getting married within the 90 days preserves the terms of the K-1 visa and allows the person to AOS based on the approved I-129F. It does not prevent them from accruing days of illegal presence after their I-94 expires.

That is why it is recommended to also file AOS within the 90 days given to a K-1 entrant. While any out-of-status says will be irrelevant/forgiven once the AOS is approved, they are still illegally present if they have not AOSed before the 90 days are over and it can create complications later on down the line.

[jingo 38]

Get a lawyer!

[ceadsearc 516]

A lawyer won't help if OP doesn't know what they want to do. They either need to file AOS and wait for it to be processed (though this won't help if they're not planning to live here), or leave and if they decide to come back, file for a hardship waiver.

[I+H 11]

No, you can still incur a ban for being out-of-status for 180 days or more, even if you entered on a K-1. Once a K-1 entrant's 90 days expire, they begin to accumulate days of unauthorized presence. If they never AOS, then can still incur a ban if they leave the country, just like any other visa. Getting married within the 90 days preserves the terms of the K-1 visa and allows the person to AOS based on the approved I-129F. It does not prevent them from accruing days of illegal presence after their I-94 expires.

That is why it is recommended to also file AOS within the 90 days given to a K-1 entrant. While any out-of-status says will be irrelevant/forgiven once the AOS is approved, they are still illegally present if they have not AOSed before the 90 days are over and it can create complications later on down the line.

Good to know. Though this wont be an issue for us, I still like to learn as much as I can.

I have seen posts on here where people have talked about not filing for nearly 6 months after the fact. So you can file the AOS within 180 days, is that right? Or is that when the ban starts? That is what is confusing. So even if they got married within the 90 days and he doesn't leave and tries to adjust status because it has been more than a 180 AOS cannot be filed?

Sorry to be a pain, just want to make sure I have this right.

[ceadsearc 516]

Someone on a K-1 is supposed to get married within 90 days. There is no timeline for them to file AOS, but they should file as soon as possible. If they wait however long, they likely won't have trouble as long as they do not leave the country, but they will be out of status. If they were to get caught being out of status, however, they'd most likely just be told to file their AOS paperwork.

However, as I mentioned, once their I-94 expires they are out-of-status. Even though that isn't an issue for filing AOS, it is an issue if they leave the country. Then, they are subject to the same bans as anyone else who leaves the country after having overstayed.

Basically: Marry within 90 days, file AOS ASAP, if that can't be done immediately, don't leave the country.

[kennym 275]

It doesnt look like the OP wants to give any details...

To the OP, if you leave now, without adjusting your status, you will have a 10 year ban.. Depending on how you entered, you maybe eligible to AOS, but that would require you have residency in the USA.. If you are commited to returning to the UK and if you have no intention on returning to the US with your spouse. then none of this matters...

Kenny