“Have you ever violated the terms or conditions of your nonimmigrant status?”

[AnaidAaron 42]

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

 

Thank you everyone! 

[K1visaHopeful 2,757]

1 minute ago, AnaidAaron said:

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application?  You have not violated the terms if you married within 90days. Those were the only terms.

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

Your immigration status has not changed. You can put out of status but it does not matter.

Thank you everyone! 

 

[icanbenobody 187]

4 minutes ago, AnaidAaron said:

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

 

Thank you everyone! 

I think you'll be fine as long as you did marry within 90 days window. 

[geowrian 22,337]

Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

8 minutes ago, K1visaHopeful said:

You have not violated the terms if you married within 90days. Those were the only terms.

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Edited January 10, 2019 by geowrian

[AnaidAaron 42]

4 minutes ago, icanbenobody said:

I think you'll be fine as long as you did marry within 90 days window. 

I did marry before the 90 days. I googled the question and some people did say it was a violation... maybe I’m overthinking it lol. 

[AnaidAaron 42]

2 minutes ago, geowrian said:

Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Thank you! I will answer yes and then explain that I was a K1 holder, married within the 90 day period and overstayed my visa, would that be enough? 

[geowrian 22,337]

3 minutes ago, AnaidAaron said:

Thank you! I will answer yes and then explain that I was a K1 holder, married within the 90 day period and overstayed my visa, would that be enough? 

More than enough.

[icanbenobody 187]

7 minutes ago, AnaidAaron said:

I did marry before the 90 days. I googled the question and some people did say it was a violation... maybe I’m overthinking it lol. 

Some people are just love giving a false answer!! (Avoid them)

 

You will be fine. Stop over thinking and prepare your AOS and enjoy life with your partner. 😁😁 VJ members are usually/always has a good advice 😉

[K1visaHopeful 2,757]

20 minutes ago, geowrian said:

Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Im confused. Is there something wrong with my answer? I said the same thing. If she married within 90 days on her K1 she did not violate the terms of her Visa.

[Nitas_man 3,100]

35 minutes ago, AnaidAaron said:

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

 

Thank you everyone! 

If you married within 90 daya you did not violate the terms and conditions of your K1 status

Edited January 10, 2019 by Nitas_man

[geowrian 22,337]

20 minutes ago, K1visaHopeful said:

Im confused. Is there something wrong with my answer? I said the same thing. If she married within 90 days on her K1 she did not violate the terms of her Visa.

Read the question

" Have you ever violated the terms or conditions of your nonimmigrant status? "

 

The visa wasn't violated. The status was by overstaying.

"I came on a fiancée visa and my 90 days already ran out"\

 

Edit: An overstay of even 1 day meets this criteria as noted in the USCIS Policy Manual (https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter4.html). It won't impact the outcome (nor would an incorrect answer since it's not material), though.

Edited January 10, 2019 by geowrian

[Sav&Har 142]

Yes, and explain that you met the visa requirements by marrying within 90 days but failed to maintain status.