Help Please

[de&a 0]

Here is our situation.

My beautiful wife of 1 week is here on a K1, and she has 2 weeks left on her visa. We should have no trouble filing our AOS and AP paperwork before she is "out of status".

We have decided that because of curriculum changes at her university, she is going home in less than 2 months to attend the next semester.

I feel there is a great chance she will not have the AP approved before she goes, and also not be available for the biometrics appointment.

We are considering not filing the AOS paperwork and pursuing a IR-1 / CR-1 while she is back home.

After going through the K1 process and reading the requirements for the IR-1 / CR-1, it seems the IR-1 / CR-1 is the way to go from the beginning if one is fortunate to be married ahead of time.

My questions are these:

Should we still file for the AOS and AP even though we intend to try the IR-1 / CR-1 later?

Will there be problems with the IR-1 / CR-1 later if she stays here another month "out of status" on the K1?

Any help is appreciated.

[LostInIllinois 1]

Just be advised that once she is out of the country without AP, it may be a very, very, very long time before the new paperwork is processed and the government will allow her back in the USA.

[de&a 0]

Just be advised that once she is out of the country without AP, it may be a very, very, very long time before the new paperwork is processed and the government will allow her back in the USA.

What do you mean by a very very very long time? Months? a year or 2? We can deal wih that.

[scy 0]

My questions are these:

Should we still file for the AOS and AP even though we intend to try the IR-1 / CR-1 later?

Will there be problems with the IR-1 / CR-1 later if she stays here another month "out of status" on the K1?

Any help is appreciated.

1. No, don't file for adjustment of status if your wife will be applying for an immigrant visa at a foreign post. Doing so will cause untold headaches and delays. Do file the I-130 however, but don't file the I-485.

2. Yes there will be problems if she is out of status then subsequently applies for an immigrant visa. She will have to explain or ask for a waiver of her overstay. Overstay is forgiven easily when adjusting status inside the US. Overstay is not automatically forgiven when applying for an immigrant visa when outside the country.

[Kez/JWolf 6]

Be very careful..... if her K1 expires in 2 weeks she will have to leave by then if you do not intend to file for AOS... If she stays beyond her visa date she is out of status and will sart to accrue overstay days...

This would cause you problems later when you apply for her to come back to the states....

Good Luck

Kezzie

[eau_xplain 2]

madu,

The length of legal stay for your fiance will depend not on when her K-1 visa will expire but rather what her I-94 says how long she is able to stay in the country. It is usually 90 days from date of entry. Check her I-94.

Edited March 17, 2006 by eau_xplain

[de&a 0]

madu,

The length of legal stay for your fiance will depend not on when her K-1 visa will expire but rather what her I-94 says how long she is able to stay in the country. It is usually 90 days from date of entry. Check her I-94.

I-94 says it expires March 28.

When and how does she retun the form? In her country at the airport when she arrives? How is it tracked when she leaves?

[Kez/JWolf 6]

The check-in staff at the airport will remove her I-94 and update the system with her exit date.....

Kezzie

[de&a 0]

Ok, we have rescheduled her flights so she will leave the same day her I-94 says she has to be gone.

Actually, her flight is schedule to leave the states just after midnight the following day. She will overstay her visa by 55 minutes.

So now we are married by the K1, and she will overstay 55 minutes from the day the I-94 says she has to be gone.

Can we now apply for the IR1/CR1 with little to no hassle?

[meauxna 15]

Ok, we have rescheduled her flights so she will leave the same day her I-94 says she has to be gone.

Actually, her flight is schedule to leave the states just after midnight the following day. She will overstay her visa by 55 minutes.

So now we are married by the K1, and she will overstay 55 minutes from the day the I-94 says she has to be gone.

Can we now apply for the IR1/CR1 with little to no hassle?

Um, why don't you talk to a lawyer about this? If she's going to stay over by 55 minutes (counts as a whole day btw) she may as well stay 179 days over (being faceteous, but only sort of).

Anyway, you can file an I-130 anytime after you are married, without penalty.

[Autumnal 25]

I'm afraid I don't know the answer to the IR1/CR1 question. I advise you maybe look at talking to a lawyer about it.

Overstaying the visa, even by a few minutes, is probably less of an issue but I'd still be leery about it.

[de&a 0]

took care of it

thanks

[meauxna 15]

took care of it

thanks

Not going to illuminate the answer for us???

[Kez/JWolf 6]

How?????

Kezzie

[de&a 0]

I apologize. I didn't figure anyone wanted too many more details

We called the airlines again, and rescheduled everything so she will be gone 1 full day before her I-94 says she has to be gone.

We will begin IR-1 / CR-1 very soon.

Thanks for the advice