Help Please on Guides?

[Yog76 0]

Long story short....My husband and I were married in 2008, after he came here on a K-1 visa. We went through the whole process, no issues or problems....and were married within the 90 days. Fast forward now....after lots of life happenings...basically one thing after another.... and through no fault of our own we have not done an AOS. I came here to get the paperwork rolling and seen the following warning:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US


Please help me figure out what to do next.... I was told to go ahead and file, but not sure which guides to even use now.

[p-ana 933]

Long story short....My husband and I were married in 2008, after he came here on a K-1 visa. We went through the whole process, no issues or problems....and were married within the 90 days. Fast forward now....after lots of life happenings...basically one thing after another.... and through no fault of our own we have not done an AOS. I came here to get the paperwork rolling and seen the following warning:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US

Please help me figure out what to do next.... I was told to go ahead and file, but not sure which guides to even use now.

If you married within the 90 days of his arrival, you can go ahead and send his aos papers. Just follow the k1 adjustment of status guide here on vj

[Yog76 0]

If you married within the 90 days of his arrival, you can go ahead and send his aos papers. Just follow the k1 adjustment of status guide here on vj

Thank you. Yes, we were married within the 90 days of his original entry. THAT...we made sure to do.

[Cheezees 1,514]

Go ahead and file the AOS. While your spouse is out of status, this is forgiven for spouses of US citizens who are undergoing the AOS process. While you fulfilled the requirements of the K-1 visa, being married to a US citizen on its own does not award him any immigration status/benefits. Just send in the AOS paperwork ASAP. Good luck!

[Yog76 0]

Go ahead and file the AOS. While your spouse is out of status, this is forgiven for spouses of US citizens who are undergoing the AOS process. While you fulfilled the requirements of the K-1 visa, being married to a US citizen on its own does not award him any immigration status/benefits. Just send in the AOS paperwork ASAP. Good luck!

Thank you! Yes, I've been the one working and he has be a fantastic fill in at home and a wonderful stepfather to my two kids (from a prior marriage). He definitely tends to things at home..but it would be nice for him to be able to work again, not to have to worry about immigration issues and for him to qualify for other benefits...not to mention to be able to fly back to visit the UK once in a while. lol

EDIT: Wondering though...what I would list as his current USCIS status? ..... Out of Status?

Edited October 23, 2016 by Yog76

[Stevephoto 230]

Thank you! Yes, I've been the one working and he has be a fantastic fill in at home and a wonderful stepfather to my two kids (from a prior marriage). He definitely tends to things at home..but it would be nice for him to be able to work again, not to have to worry about immigration issues and for him to qualify for other benefits...not to mention to be able to fly back to visit the UK once in a while. lol

EDIT: Wondering though...what I would list as his current USCIS status? ..... Out of Status?

They are asking how he entered the country. That would be K-1 Visa holder. Good luck.

Edited October 23, 2016 by Stevephoto