QUESTION
How will my situation affect my visa application?
Asked on Nov 07th, 2011 on Immigration - California
More details to this question:
I came with a K1 visa but did not marry the petitioner. I had a child with this person. He told me that we were not getting married a day before my I-94 expired and I did not have money to purchase a ticket home. I ended overstaying for 5 months. During this time, I met someone else and we have decided to get married. Is it best to get married outside the country or within? Will I be barred from entering the US? How wil this affect our filing process?
8 ANSWERS
You need to make sure you have not yet overstayed 180 days (COUNT THE DAYS) from the expiration of your I-94. You will need to go outside the US ANYWAY since you are not eligible to adjust status within the US through any means other than through marriage to the original petitioner. However, as long as you have no overstayed by more than 180 days, if you depart now, you will be able to return with a visa to get married to the new person. If you have overstayed by more than 180 days, you will be barred from reentry for 3 years as soon as you depart the US. If you want 1 year, you will be barred from reentry for 10 years.
Answered on Nov 30th, 2011 at 4:48 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
You are most likely barred from applying from adjustment of status and will have to do consular processing. If you have been living in the U.S. unlawfully, you will most likely have to apply for a waiver to reenter lawfully.
Answered on Nov 14th, 2011 at 1:00 PM
Assault Attorney serving Richardson, TX
2 Awards
You will need to adjust outside. Contact an attorney immediately as you are about to cause yourself a huge problem by overstaying more than 6 months and thus creating a 3 year bar. Weather you marry here or after you leave is a decision you can discuss with the attorney.
Answered on Nov 08th, 2011 at 1:15 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
Doesn't matter where you marry but you have to go home and ask for a new visa. If you overstay by 180 days, you will be barred for 3 years and if 365 or more, the bar will be 10 years but you may apply for a waiver and come back sooner.
Answered on Nov 08th, 2011 at 12:46 PM
You cannot obtain permanent residence through the marriage to someone else than the person who petitioned you for the K visa. Moreover, you cannot be granted an immigrant visa at a U.S. Consulate for 3 years if you overstay your status for 180 days or more and will need a waiver if you apply through your marriage. It does not matter where you get married in your situation. It is more important that you leave the U.S. before you accrued 180 days of unlawful presence. You can pursue your green card from outside the U.S. after you got married but it will take 8 to 12 months before you can return. Good luck!
Answered on Nov 08th, 2011 at 12:14 PM
Immigration Attorney serving Chicago, IL
at
Kriezelman Burton & Associates, LLC
Update Your Profile
If you only overstayed your visa for 5 months then there should be no bars from you returning to the United States on any other visa.
Answered on Nov 08th, 2011 at 10:48 AM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
Update Your Profile
You had better leave immediately. Once you overstay for more than 180 days you will be barred from returning for 3 years. If you overstay for more than a year you will be barred for 10 years. Leave the US and file a petition through your new spouse. Speak to an attorney for more details.
Answered on Nov 07th, 2011 at 11:27 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If you did not get married to the person who sponsored you for K-1 you have no choice but to go home and process for permanent residency through your new spouse. You may be subject to a bar and need a waiver depending on how long you have stayed after your K-1 expired. I suggest a paid consultation to get all the facts sorted out. This can be scheduled by contacting my office below.
Answered on Nov 07th, 2011 at 11:21 PM