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de&a

Anyone have an opinion?

By de&a in IR-1 / CR-1 Spouse Visa Process & Procedures

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de&a Explorer

de&a   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

My wife came here on the K1 visa and we got married. She has to go home for school. We have decided to not do the AOS here in the states and want to apply for the IR1/CR1.

Her flight is scheduled to leave the states just after midnight the following day her I-94 says she has to be gone. She will overstay her K1 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 problems? Anyone know?

Thanks for everything

scy Community Regular

scy   0

Posted
Filed: AOS (pnd) Timeline
Posted
My wife came here on the K1 visa and we got married. She has to go home for school. We have decided to not do the AOS here in the states and want to apply for the IR1/CR1.

Her flight is scheduled to leave the states just after midnight the following day her I-94 says she has to be gone. She will overstay her K1 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 problems? Anyone know?

Thanks for everything

Couldn't you schedule a different flight that is a day earlier? Why bring problems onto yourself? Is the cost different that much between two flights? Think about this for a bit, a waiver of inadmissibility for overstay will cost at a minimum $1000 from a competent attorney. And there is no guarantee that the waiver will be approved.

If she leaves within her 90 days status, everything will be gravy and you would just petition for an immigrant visa for her. If she overstays by even 1 minute, everything will be not so good and will cost even more money than just leaving a day early.

Good luck.

amal Experienced

amal   4

Posted
Filed: Lift. Cond. (apr) Country: Jordan
 Timeline
Posted

i may have misunderstood but.. if i were you , i'd file for AOS.. our CR1 took 12 months to complete...

Visited Jordan-December 2004

Interview-December 2005

Visa approved-December 2005, 1 week later after supplying "more information"

Arrived U.S.A.-December 2005

Removed Conditions-September 2008

Divorced in December 2013

lovingmemory.jpgInlovingmemory-2.gifmybabygirl-1-1.jpghenna_rose.jpg37320lovesaved-1.jpg

hewjang Newbie

hewjang   0

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
 Timeline
Posted

She had to go back to school. That's why. I understand the whole advance parole rules and how long it would take to get one. I am in the same situation but I didn't overstay.

06/10/05 Sent I-130 to <!--WORD2URL-01--><!--END WORD2URL-01-->NSC<!--WORD2URL-02--><!--END WORD2URL-02-->

06/22/05 NOA1

12/29/05 Approved (190 days at <!--WORD2URL-01-->

04/15/06 Case Completed (297 days)

<!--END WORD2URL-01-->CSC<!--WORD2URL-02--><!--END WORD2URL-02-->)

 
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