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MariOki

K-1 visa=>married => overstay

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

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MariOki Apprentice

MariOki   2

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Hi, i entered to U.S. as k-1 visa holder and married to my husband. But i didnt apply for i-485 right after. Its been more than 3 years So, i am overstaying... but i applied for i-485 on Feb 2020 and waiting for interview now. Is anyone have same situation? Am i gonna be in trouble at interview?

 

I also got advance parole but if i go out of U.S. now, am i gonna be in trouble?

Thank you.

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Duke & Marie Proficient

Duke & Marie   1,389

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Filed: IR-1/CR-1 Visa Country: Australia
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8 minutes ago, MariOki said:

Hi, i entered to U.S. as k-1 visa holder and married to my husband. But i didnt apply for i-485 right after. Its been more than 3 years So, i am overstaying... but i applied for i-485 on Feb 2020 and waiting for interview now. Is anyone have same situation? Am i gonna be in trouble at interview?

 

I also got advance parole but if i go out of U.S. now, am i gonna be in trouble?

Thank you.

It will depend on weather or not your married to a LPR or USC..

 

overstays are never good, not sure why you waited 3 years to file it, but not judging... if married to a USC the overstay should be forgiven.. 

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MariOki Apprentice

MariOki   2

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2 minutes ago, HRQX said:

Safe assumption that the spouse is US citizen. LPRs can't file I-129F petition.

 

6 minutes ago, Duke & Marie said:

It will depend on weather or not your married to a LPR or USC..

 

overstays are never good, not sure why you waited 3 years to file it, but not judging... if married to a USC the overstay should be forgiven.. 

I appreciate your reply. Yes,, i shouldve done it earlier... my husband is USC.

4 minutes ago, HRQX said:

Safe assumption that the spouse is US citizen. LPRs can't file I-129F petition.

Yes, my husband is US citizen. Thank you!

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