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Danmuji

Overstaying 90 days on K1 and seeking waiver of inadmissibility

By Danmuji in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Danmuji Explorer

Danmuji   14

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
 Timeline
Posted

I wanted to pass on a question from a friend of mine and hear back some feedback from VJ folks:

 

Quote

I'm currently an illegal alien subject to 10 year bar. I came to US 20 years ago from Finland via K1 but overstayed the visa. Never got married during the 90 days. 

 
I currently live with a partner(US Citizen) whom I love and lived with for past 15 years. We are currently not married. She has cancer(diagnosed 6 months ago). Because I'm her sole caretaker, she depends on me for things like putting clothes on and making it to appointments. 
 
At this point she wants to explore options to help me become legal through I-601. I know this is a complicated case, advice on becoming legal alien again is really appreciated.
 
Thank you.

 

RoC Timeline:

  1. 12/01/2023 - Application sent to Tempe, AZ lockbox
  2. 12/06/2023 - Application received by USCIS
  3. 12/12/2023 - Check cashed by USCIS
  4. 12/22/2023 - I-797C notice recieved giving access to 48 months extension letter online.
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Redro Experienced

Redro   4,611

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
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Posted

She needs to hire a lawyer. 

You are only allowed to adjust from K1 with the USC who originally petitioned the visa. 

She'll have to leave the US at some point... 

Dashinka Grand Master

Dashinka   24,636

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

I agree, this is not a do it yourself case.  A lawyer seems warranted at this point though you may want to suggest your friend set up their own account here to help answer questions.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Danmuji Explorer

Danmuji   14

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
 Timeline
  • Author
Posted

Thank you for your input. 

RoC Timeline:

  1. 12/01/2023 - Application sent to Tempe, AZ lockbox
  2. 12/06/2023 - Application received by USCIS
  3. 12/12/2023 - Check cashed by USCIS
  4. 12/22/2023 - I-797C notice recieved giving access to 48 months extension letter online.
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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