K1 visa Married after 90 day period HELP

[IwdMan 0]

We desperately need help! After waiting almost two years for a fiance’ visa my wife and her daughter finally arrived here on August 17, 2007. We followed all of the rules and regulations to the letter. Filing forms, paying fees, etc. Due to family scheduling conflicts (I have a 90 year old Mother that lives in Florida and can not travel) and incorrect advice that it would not be a problem, we were married after the 90 day period. It has been almost a year since their arrival. We have filed all of the additional forms and paperwork (I-485, I765, I-131, etc.), paid all of the fees and even had the biometric meeting for fingerprints and ID with no indication of any problem whatsoever. On July 22 we received a letter stating that they must leave the USA within 30 days! HELP! PLEASE PLEASE HELP US!

[IwdMan 0]

We desperately need help! After waiting almost two years for a fiance’ visa my wife and her daughter finally arrived here on August 17, 2007. We followed all of the rules and regulations to the letter. Filing forms, paying fees, etc. Due to family scheduling conflicts (I have a 90 year old Mother that lives in Florida and can not travel) and incorrect advice that it would not be a problem, we were married after the 90 day period. It has been almost a year since their arrival. We have filed all of the additional forms and paperwork (I-485, I765, I-131, etc.), paid all of the fees and even had the biometric meeting for fingerprints and ID with no indication of any problem whatsoever. On July 22 we received a letter stating that they must leave the USA within 30 days! HELP! PLEASE PLEASE HELP US!

[w¡n9Nµ7 §£@¥€r 123]

Get a lawyer. There is a way around this, but you need to get that advice from an attorney; not piecemeal and scattered bits of random information on a message board.

[IwdMan 0]

Get a lawyer. There is a way around this, but you need to get that advice from an attorney; not piecemeal and scattered bits of random information on a message board.

Thank you for your response. I have met with and paid 6 lawyer consultations. Some say she must leave the country, some say she must NOT leave no matter what. I am getting contradictory information. Has anyone been through this? What did you do?

[LaL 418]

If you do not marry within the 90 days - adjusting from a K1 visa status is not possible, You mention a whole bunch of forms files plus "etc". I don't suppose you also filed the I-130? (In order to be eligible to adjust you would have also needed to file the I130 since your fiancee/wife can no longer adjust from the K1).

[Dan J 277]

This is a little bit complicated. Let me see if I can infer more about your situation based on what you posted.

Your wife came to the US on a K-1 visa. You were then married outside of the 90 day window. You probably did not file an I-130 along with her AOS application or your application was denied for some other reason.

You may have a possibility of an appeal, but it depends on the reason why the case was denied, and the conditions under which the case was filed.

If you case is not eligible for an appeal, you wife will have to return home.

You probably going to have a hard time finding good advice on this issue, I don't think that many people have found themselves in this situation.

[Scott & Lai 12]

Do the lawyers you spoke with specialize in immigration law?

[w¡n9Nµ7 §£@¥€r 123]

in addition to here, you may wish to consider askign the question at immigrate2us dot net and britishexpats dot com.

Edited August 7, 2008 by A.J.

[IwdMan 0]

Do the lawyers you spoke with specialize in immigration law?

YES!!! some over 20 years!

[ready4ONE 5,400]

I think you need an attorney who specializes in immigration, if you have not already spoken to one. Attorney's are a little like doctors, and they don't know everything about every aspect of law. Some are criminal specialists, some domestic etc.

It might, just might, be a good idea for her not to leave until you can confer with an immigration attorney from all I have gathered. But again, without more information, and a qualified say so from an immigration attorney, that could also be a bad idea for your case.

Regardless, best of luck, and yep, you got bum advice for sure. You should have done a civil ceremony at the local county court house inside the 90 days, and then done the big 'family wedding.' But hindsight is always 2020.

Good luck!

[IwdMan 0]

This is a little bit complicated. Let me see if I can infer more about your situation based on what you posted.

Your wife came to the US on a K-1 visa. You were then married outside of the 90 day window. You probably did not file an I-130 along with her AOS application or your application was denied for some other reason.

You may have a possibility of an appeal, but it depends on the reason why the case was denied, and the conditions under which the case was filed.

If you case is not eligible for an appeal, you wife will have to return home.

You probably going to have a hard time finding good advice on this issue, I don't think that many people have found themselves in this situation.

I am trying to find a lawyer that had this situation. I originally did all of the applications myself while I was in NY . It took almost 18 months to get the K-1 visa and I had to go to California for work. My family is in NY and my Mom is 90 in Florida. We could not get everyone together. I did not know it was a serious problem, I even called an immigration lawyer before the 90 days were up and he told me that INS was behind processing applications so it would not be a problem. We were married but not until Feb 08. The lawyers I met with recently told me .... she must NOT leave the USA or she MUST leave the USA. Payting a lawyer 350 an hour and they tell you that they need to look it up... research this... they don't even know for sure if we are in the 6 month bar period or not.... DOES NOT PROVIDE CONFIDENCE! DO YOU KNOW A LAWYER?

[Scott & Lai 12]

This is a little bit complicated. Let me see if I can infer more about your situation based on what you posted.

Your wife came to the US on a K-1 visa. You were then married outside of the 90 day window. You probably did not file an I-130 along with her AOS application or your application was denied for some other reason.

You may have a possibility of an appeal, but it depends on the reason why the case was denied, and the conditions under which the case was filed.

If you case is not eligible for an appeal, you wife will have to return home.

You probably going to have a hard time finding good advice on this issue, I don't think that many people have found themselves in this situation.

I am trying to find a lawyer that had this situation. I originally did all of the applications myself while I was in NY . It took almost 18 months to get the K-1 visa and I had to go to California for work. My family is in NY and my Mom is 90 in Florida. We could not get everyone together. I did not know it was a serious problem, I even called an immigration lawyer before the 90 days were up and he told me that INS was behind processing applications so it would not be a problem. We were married but not until Feb 08. The lawyers I met with recently told me .... she must NOT leave the USA or she MUST leave the USA. Payting a lawyer 350 an hour and they tell you that they need to look it up... research this... they don't even know for sure if we are in the 6 month bar period or not.... DOES NOT PROVIDE CONFIDENCE! DO YOU KNOW A LAWYER?

That's bad advice right there... the government being behind in processing doesn't release you from the obligation to meet the deadlines they give you.

[archie07 0]

This is a little bit complicated. Let me see if I can infer more about your situation based on what you posted.

Your wife came to the US on a K-1 visa. You were then married outside of the 90 day window. You probably did not file an I-130 along with her AOS application or your application was denied for some other reason.

You may have a possibility of an appeal, but it depends on the reason why the case was denied, and the conditions under which the case was filed.

If you case is not eligible for an appeal, you wife will have to return home.

You probably going to have a hard time finding good advice on this issue, I don't think that many people have found themselves in this situation.

I am trying to find a lawyer that had this situation. I originally did all of the applications myself while I was in NY . It took almost 18 months to get the K-1 visa and I had to go to California for work. My family is in NY and my Mom is 90 in Florida. We could not get everyone together. I did not know it was a serious problem, I even called an immigration lawyer before the 90 days were up and he told me that INS was behind processing applications so it would not be a problem. We were married but not until Feb 08. The lawyers I met with recently told me .... she must NOT leave the USA or she MUST leave the USA. Payting a lawyer 350 an hour and they tell you that they need to look it up... research this... they don't even know for sure if we are in the 6 month bar period or not.... DOES NOT PROVIDE CONFIDENCE! DO YOU KNOW A LAWYER?

My lawyer only deals with the filipines..

[I'm Gone 60]

This is not something to make decisions on advise from here, unless someone can direct you to an immigration attorney that they trust.

[Neonred 3,564]

At first is was thinking that if it were a matter of 91 or 92 days or so after her arrival there should be some easy way to work around that, but then I see it was 6 months! What were you thinking? Total disregard for the laws and rules of a K-1. Just stupid, on top of bad advice. Get a good lawyer as I have seen many illegals manage to stay, but I think you are in for a long battle here. Too bad.