Married After the 90 Days on K-1...

[doefamily 0]

Hello all, we're new here and hoping you can help out.

My husband (then fiance) came here early this year on a K-1 visa. We planned to get married within the original 90 days, of course, but we ran into some problems. He wasn't sure if he wanted to stay here, we tried to get some counseling and it didn't work out, but we muddled through a variety of challenges and found ourselves stronger and still in love. We married eventually, a couple of months (less than six) past the expiration on his I-94.

So now we would like to apply to adjust his status. I know that this is a pretty rare thing. I also know that, yes, we didn't play by the rules and a lot of people will likely be pretty harsh on us for that. I apologize, in advance, for any hubris that might be perceived on our parts. But we would like to give adjustment a shot.

We have no other issues, only the overstay. We didn't use a lawyer for the initial K-1 but we have an appointment with an AILA lawyer this week to discuss our chances; he seems to think it might be difficult, but not legally impossible. Has this ever happened to anyone else? any thoughts/ideas?

I thank you all very much.

[Canuck Carrie 1]

I believe you will also need to file an I-130 form. Check through this section or do a search, there are other threads on marrying past the 90 days.

Congratulations on working it out, others would've given up.

[doefamily 0]

Yes, we have the I-130 ready to go along with the I-485. Thanks!

[rebeccajo 14]

Do we know you?

[YuAndDan 153]

Not unusual, since it is outside the 90 days you need to follow the other Status adjustment guide as if you are adjusting from another type of visa other than K-1.

See the guide: Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

Good luck!

Edited December 31, 2006 by YuAndDan

[ridley 0]

And whatever you do, don't leave the country until you've received the green card.

[sjoefl01 1]

I don't think this is such a big deal. Of course, it would have been a little easier if you had filed within the 90 days but that is water under the bridge now. At least you know he is not marrying you for the green card.

Also keep in mind that the lawyer wants a fee. He will try to convince you that you don't stand a chance without him (or her).

You need to get this all in before the medical exam expires to save yourself another mild headache.

I have never heard of the USCIS playing punitive with anybody that went past the 90 days. I think they are happy to get the I 130 and a few more dollars.