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mkr1990

Applied for AOS considered overstay on K1 visa? *URGENT*

By mkr1990 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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mkr1990 Contributor

mkr1990   12

Posted
Filed: K-1 Visa Country: Netherlands
 Timeline
Posted

Hello, I really need advice from someone that knows about this. I have a very difficult situation going on. Me and my wife married and we filed for the AOS within 90 days of the K1 visa. We are about to get divorced. My K1 visa expired, so if I will go back before my AP is this considered overstay on my K1 visa? My main concern is that I will never be able to come back to the US on a non immigrant visa or the VWP with a previous AOS application and especially an overstay if thats the case. 

 

 Thank you for your help

02/08/2017- I-129F packet received

02/10/2017 -NOA1

02/18/2017 - NOA1 Letter 

Waiting for NOA2

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SkruDe Collaborator

SkruDe   311

Posted
Filed: Citizen (pnd) Country: Colombia
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Posted

Your K1 Visa expired the moment you arrived in the USA and went thru immigration at the airport.  You got married within 90 days.  At the time of that marriage your K1 Visa requirement was met and now no longer applies to any time frame or deadline.

 

If you go back before AP it is not considered overstay on Visa.  Because you are legal with status while your AOS is being processed.  That status is a "Pending" status.  Going back and leaving the USA before AP simply means you abandon your AOS process.  So, you'd have to start from step one again, which would be the I-129F.  No overstay accrued.

K1 Visa Process:

USCIS I-129F File Date:  January 4th, 2017

USCIS I-129F Receive Date:  January 5th, 2017

USCIS I-129F NOA1 Date:  January 11th, 2017

USCIS I-129F NOA2 Date:  April 25th, 2017

DOS NVC Receive:  May 12th, 2017

DOS NVC Case Number Issued:  May 12th, 2017

DOS NVC Leave Date:  May 18th, 2017

DOS Bogota Embassy Receive Date:  May 19th, 2017

DOS Bogota Embassy Sent K1 Packet 3/4 via Email:  June 12th, 2017

DOS Bogota Embassy Interview Date:  July 5th, 2017 (APPROVED!)

DOS Bogota VISA Received In-Hand: July 14th, 2017

Point of Entry into the United States: August 15th, 2017 (Newark)

Marriage:  October 19th, 2017

 

AOS Process:

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) File Date:  November 6th, 2017

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) Receive Date:  November 7th, 2017

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) Text Receipt Notification Date: November 15th, 2017

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) NOA1 Notice Date: November 15th, 2017

USCIS I-485 (AOS) & I-765 (EAD) Biometrics Appointment: December 7th, 2017

USCIS I-765 (EAD) & I-131 (AP) Approval Date: January 17th, 2018

USCIS I-765 (EAD) & I-131 (AP) Combo Card Receive Date: January 26th, 2018

USCIS I-485 (AOS) Interview Date Scheduled for: February 14th, 2018 (Recommended For Approval!)

USCIS I-485 (AOS) Approval Date: February 15th, 2018

USCIS I-485 (AOS) Green Card (2 Year) Received: February 24th, 2018

 

Removal of Conditions Process:

USCIS I-751 File Date:  November 20th, 2019

USCIS I-751 NOA Date:  November 26th, 2019

USCIS I-751 Biometrics Appointment:  February 27th, 2020

USCIS I-751 Interview Date:  WAIVED

USCIS I-751 Approval Date:  October 13th, 2020

USCIS I-751 Green Card (10 Year) Received:  October 19th, 2020

 

Citizenship through Naturalization Process

Eligible as of February 18th, 2021...

Preparing for Filing.....

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garebear397 Explorer

garebear397   69

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

Just seconding what was stated above. K-1 visa expires as soon as you enter the US. If you are in process for AOS that is your legal status -- your legal status is not a K-1 visa holder, it is that your are adjusting status. If you want to go back and live in your home country you can and your AOS application will be abandoned, and you would not have violated any immigration laws (no overstay or anything). So you shouldn't have trouble if you want to come visit the US in the future (on VWP or tourist or whatever). 

Engaged: 2016-11-07

 

K-1 Visa Process
I-129F NOA1: 2016-12-05
I-129F NOA2: 2017-05-05
Interview Date: 2017-07-14 (Approved!)  

 

Married: 2017-08-08

 

AOS Process

I-485/I-131/I-765 NOA 1 : 2017-08-26

AOS Interview: 2017-12-08 (recommended for approval) 

Received Two Year Green Card: 2017-12-16

 

Moved back to Chile: 2019-09-01 

Abandoned Green Card: 2020-08-17 

 

IR-1 Visa Process

I-130 Filed Electronically and NOA1: 2023-06-04 

NOA2: 2024-08-01

NVC DQ: 2024-08-30


 

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mkr1990 Contributor

mkr1990   12

Posted
Filed: K-1 Visa Country: Netherlands
 Timeline
  • Author
Posted
On 1/8/2018 at 3:57 PM, garebear397 said:

Just seconding what was stated above. K-1 visa expires as soon as you enter the US. If you are in process for AOS that is your legal status -- your legal status is not a K-1 visa holder, it is that your are adjusting status. If you want to go back and live in your home country you can and your AOS application will be abandoned, and you would not have violated any immigration laws (no overstay or anything). So you shouldn't have trouble if you want to come visit the US in the future (on VWP or tourist or whatever). 

 

 

On 1/8/2018 at 6:58 AM, SkruDe said:

Your K1 Visa expired the moment you arrived in the USA and went thru immigration at the airport.  You got married within 90 days.  At the time of that marriage your K1 Visa requirement was met and now no longer applies to any time frame or deadline.

 

If you go back before AP it is not considered overstay on Visa.  Because you are legal with status while your AOS is being processed.  That status is a "Pending" status.  Going back and leaving the USA before AP simply means you abandon your AOS process.  So, you'd have to start from step one again, which would be the I-129F.  No overstay accrued.

I think I will be denied for the VWP because I got a previous AOS application and a B2 visa denial for lack of home ties. I have to overcome immigrant intent for my next B2 tourist visa which will be hard, but time will establish my home ties better so hopefully I can visit if I wanted to in the future. Do you think its possible to overcome? Thanks

02/08/2017- I-129F packet received

02/10/2017 -NOA1

02/18/2017 - NOA1 Letter 

Waiting for NOA2

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