Married within 90 days of K1 and Visa Overstay

[Bjh 39]

Hi,

My wife arrived on a K1 visa in January and we got married with the 90 days of her arrival.

 

I submitted the AOS package first time in March...rejected because it was the outdated version.

I submitted the updated version plus I-944 with tons of docs, received and signed by a Mr. Harper in Chicago April 1st.

This one may be rejected as well because I left the "total family size #" on the I-944 blank and also didn't send in an academic equivalency evaluation of her high school transcript/diploma, just certified translations. Also didn't put in "English" and "Portuguese" under her language courses since apparently high school courses in these can qualify.

 

I imagine, based on what I've read about the I-944, USCIS will be fussy with blank spaces and will probably reject the whole package. My wife is already technically out of status, much less than 180 days so far.

 

If circumstances come up where she overstays by 180 days or longer, will she have to go overseas for consular processing for another visa, then adjust from that one on returning? Or will she be able to apply for AOS while staying here, even past 180 days?

 

Thank you!

[Crazy Cat 41,850]

10 minutes ago, Bjh said:

Or will she be able to apply for AOS while staying here, even past 180 days?

 

Yes...although it is not recommended, some people wait much longer..........just refile as soon as possible if the most recent one is rejected.

Edited April 21, 2020 by Lucky Cat

[NikLR 13,227]

She could overstay by years and be fine to AOS. If they reject it again just refile asap. 

[Dashinka 24,494]

I agree, if rejected again you ca file a third time.  I would prepare an updated petition just in case,  it from what you mentioned, those types of errors might be correctable at an interview.

 

Good Luck!