i overstayed k-1 visa but i married my petitioner

[jho-jho 0]

hello everyone.. so i been here in USA for almost 3 years and still have'nt adjust for status..

so basically im illegal,i entered in k-1 fiancee visa,i married my petitioner and we have a baby now.

i want to adjust my status if that is possible, my husband is in the military

so i hope they spare me this one,but what if they deny my application.. what should i do?

[Kathryn41 3,205]

topic moved from Immigration News forum to AOS from a family visa forum as a more appropriate location for this discussion

[didopage 337]

Did you get married during the 90 days after your entry with the K-1 visa?

[Rebecca Jo 1,962]

Did you get married during the 90 days after your entry with the K-1 visa?

That does not matter.

As long as she adjusts via marriage to the same person who petitioned her, her petition will likely be successful.

[himher 634]

You'll be alright. You just need to file an I130/I485 package. Costs a little more but you have a very good chance of being approved

hello everyone.. so i been here in USA for almost 3 years and still have'nt adjust for status..

so basically im illegal,i entered in k-1 fiancee visa,i married my petitioner and we have a baby now.

i want to adjust my status if that is possible, my husband is in the military

so i hope they spare me this one,but what if they deny my application.. what should i do?

[Reyan 56]

You will also need to redo your medical.

Edited November 14, 2012 by Reyan

[jho-jho 0]

Did you get married during the 90 days after your entry with the K-1 visa?

yes i did.

[himher 634]

Yep that too. However you will be OK

You will also need to redo your medical.

[ceadsearc 516]

You're fine, but you can't adjust based on the I-129F so you need to file the I-130 with the I-485. You have overstayed long enough for a ban so don't leave the country until you actually have your GC in hand.

[Villanelle 4,122]

Why would you say she needs to file the I-130? She got married within 90 days on her k1. There is no time frame for when you must file to become a permanent resident is there? She should be able to file her 485 with her 797 approval notice from her I129F. It costs 1070. She would also have to have a new medical done since its been over a year since her last.

[Harpa Timsah 13,258]

The I-130 is a good idea because the have been married over two years and a I-485 based on a I-129F and subsequent marriage to the petitioner within 90 days results in a 2-year GC. Sending in the I-130 guarantees a 10-year card.

[ceadsearc 516]

Why would you say she needs to file the I-130? She got married within 90 days on her k1. There is no time frame for when you must file to become a permanent resident is there? She should be able to file her 485 with her 797 approval notice from her I129F. It costs 1070. She would also have to have a new medical done since its been over a year since her last.

You're right, I should not have said it is no good. But it is a waste of money and time to file based on it. If she files the I-130 she gets a 10 year card. Otherwise she will need to pay $590 to ROC in a couple years.