One day late...oh sh*t

[neptune970 0]

So, I thought the 90 days was just 3 months after my SO arrived...i.e. he arrived the 30th of august, had until the 30th of nov. well now i'm seeing his i-94 says it expires the 28th and we got married this morning. am i in deep doo-doo? has someone else done this?

(PS Please don't be mean...I already feel bad enough about this is as it is!!)

[Jenn! 918]

I believe you will now have to file the I-130 concurrently with the I-485.

You can no longer adjust status from K1 since you did not fulfill the conditions of the visa (marriage within 90 days)

Check here:

http://www.visajourney.com/forums/index.ph...page=i130guide2

[lawrencetoland 3]

They definitely checked that at our interview.

[Kez/JWolf 6]

I agree you will need to file I-130 along with AOS.... so a bit more fees to pay... other than that you are ok

Good Luck

Kez

[John & Annie 0]

So, I thought the 90 days was just 3 months after my SO arrived...i.e. he arrived the 30th of august, had until the 30th of nov. well now i'm seeing his i-94 says it expires the 28th and we got married this morning. am i in deep doo-doo? has someone else done this?

(PS Please don't be mean...I already feel bad enough about this is as it is!!)

Get an infopass appt and ask to speak to an immigration officer. Make sure they know its an innocent mistake

[___ 0]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!

[Jenn! 918]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!

I am not an immigration attorney, but I don't believe this is accurate. His overstay will be forgiven.

[Dr_LHA 3]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!

NO. WHY ARE YOU GIVING THIS ADVICE?

File the I-130 with AOS. Your visa overstay will be forgiven by USCIS, as it is for all marriage based AOS applicants. Your infraction is fairly minor and explainable, there's no need for an enforced separation and K-3 visa to get around it.

[PlatyPius 5]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!

Well, I'm going to COMPLETELY disagree with that. Leaving the country now would flag him with an overstay. Getting back in would be difficult. They need to discuss this with the proper agency.

For everyone else..... for the love of Pasta, don't wait until the last day to get married!!!! I mean, really....why? Is three or four days more going to tell you something about your fiancee that you don't already know? Their demonic side won't appear until the 23rd hour of the 89th day? Leave at LEAST a week for a buffer.

[___ 0]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!

Well, I'm going to COMPLETELY disagree with that. Leaving the country now would flag him with an overstay. Getting back in would be difficult. They need to discuss this with the proper agency.

For everyone else..... for the love of Pasta, don't wait until the last day to get married!!!! I mean, really....why? Is three or four days more going to tell you something about your fiancee that you don't already know? Their demonic side won't appear until the 23rd hour of the 89th day? Leave at LEAST a week for a buffer.

OK, sorry about that, I could be wrong, but I think the overstay is forgiven only if they have a VERY good reason why they didn't marry on time.

And as a matter of fact, during my K1 interview at the embassy, I had to swear that I would leave the US in case I didn't get married in 90 days.

[Sinergy 3]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!

For a 1 day late i dont think he should run back home, that will make it look worse, and it is ONLY ONE day, it will be forgiven.

[Dr_LHA 3]

OK, sorry about that, I could be wrong, but I think the overstay is forgiven only if they have a VERY good reason why they didn't marry on time.

No overstay is forgiven, doesn't really matter how long, it could be years. I have a friend who came here on a visa waiver, remained here illegally for 8 years, then got married and filed for AOS. He got it. Why? Because he had an I-94 (i.e. he didn't enter without inspection) and because USCIS forgives overstays for people filing AOS through marriage to a US citizen.

And as a matter of fact, during my K1 interview at the embassy, I had to swear that I would leave the US in case I didn't get married in 90 days.

Sure, you're supposed to not violate your visa. Right now, the OP can be deported for doing so. However once they file AOS they're in the clear.

[PlatyPius 5]

Yes, everyone has to swear that. Including the people who married late but stayed anyway and adjusted status successfully.

[kitkat1 5]

I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3.

This qualifies as perhaps the worst piece of advice given on VJ on recently.

Why on earth would you recommend someone who is in the country to leave the country? That would be the WORST possible thing to do and result in the need for a waiver. Horrible, wrong advice.

[ceriserose 1]

Their demonic side won't appear until the 23rd hour of the 89th day?

ahahahahahahahah