Married After 90 days K1

[andy_ellen 0]

Hello, I would like to help out a couple of my friends. Something unpleasant happened within the 90 day period that they got married outside the 90 days of the k1. It has been mentioned here that they can still file for i130... Does the wife need to exit the country to file for i130 or can she stay while waiting? Is this still subject for disapproval?

[Hypnos 6,578]

No, she must stay in the US if she still wishes to AoS.

Follow this guide: http://www.visajourney.com/content/i130guide2 and as you say an I-130 will be required since they did not fulfill the requirements of the K-1. Assuming there are no other problems it should not be a barrier to approval.

[andy_ellen 0]

No, she must stay in the US if she still wishes to AoS.

Follow this guide: http://www.visajourney.com/content/i130guide2 and as you say an I-130 will be required since they did not fulfill the requirements of the K-1. Assuming there are no other problems it should not be a barrier to approval.

Thank you. Would it matter how long she overstayed? She is like here in the US for 120 days .. 90 for k1 and 30 outside of it.. What about those people saying 180 days or more?

[Hypnos 6,578]

Provided she has not left the US since she entered then the amount of time she has been illegally present is irrelevant; it could be ten days or ten years, it makes no difference.

The only things that matter are: (i) she entered legally, (ii) she married her original I-129F petitioner. Provided both of these things are true, she can go the I-130 + I-485 route if she married after the 90 day K-1 window.

Edited January 13, 2016 by Hypnos

[Ontarkie 14,499]

~~Moved to AOS Family from the Philippines forum. - As the OP's friend did enter on a K1~~

[oliviaalexandra88 9]

Provided she has not left the US since she entered then the amount of time she has been illegally present is irrelevant; it could be ten days or ten years, it makes no difference.

The only things that matter are: (i) she entered legally, (ii) she married her original I-129F petitioner. Provided both of these things are true, she can go the I-130 + I-485 route if she married after the 90 day K-1 window.

Thank you so much

[Greenbaum 12,259]

Along with the I-130 and I-485 you should also file for the I-765 work permit (EAD) and I-864 Affidavit of Support. Don't forget that her DS-3025 medical exam and vaccination record must not be older than 1 year at time of AOS filing.

Good luck.

[Mollie09 1,543]

Provided she has not left the US since she entered then the amount of time she has been illegally present is irrelevant; it could be ten days or ten years, it makes no difference.

The only things that matter are: (i) she entered legally, (ii) she married her original I-129F petitioner. Provided both of these things are true, she can go the I-130 + I-485 route if she married after the 90 day K-1 window.

(iii) she married a USC

Overstays are forgiven for USC spouses.

[Hypnos 6,578]

Non-US citizens cannot petition for a fiance/fiancée. If they entered on a K-1, their petitioner is a US citizen.

[andy_ellen 0]

Thank you for all your responses!

[andy_ellen 0]

Along with the I-130 and I-485 you should also file for the I-765 work permit (EAD) and I-864 Affidavit of Support. Don't forget that her DS-3025 medical exam and vaccination record must not be older than 1 year at time of AOS filing.

Good luck.

In the event that the medical and vaccination expired, will they have another medical? and where? Can it be done within the US?

[Umka36 781]

Yes the medical can be redone in the US if it's expired, they will need to find a civil surgeon.

https://my.uscis.gov/findadoctor

[andy_ellen 0]

Yes the medical can be redone in the US if it's expired, they will need to find a civil surgeon.

https://my.uscis.gov/findadoctor

So when they file for i130, will she be getting a 2 year GC as well then do the ROC after that?

[Hypnos 6,578]

It depends on how long they've been married on the day the I-485 is approved.