QUESTION

What can I do if I came on a k-1 visa and am now out of status?

Asked on Mar 23rd, 2011 on Immigration - California
More details to this question:
What can be done about someone who came to the U.S. on a k-1 visa married an American in 48 hours and now is out of status do to time.
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2 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
If your U.S. citizen spouse is still willing to sponsor you, then you need to immediately file for your permanent residency. You did get married within the 90 day period so you satisfied the K-1 requirement. If you are not still married to your U.S. citizen spouse or the spouse is not willing to sponsor you then your options to remain in the U.S. are limited unless there has been abuse or other exception. If we can assist you with your permanent residency feel free to contact me below for more detailed information on the procedures, forms and supporting documents required, and fees.
Answered on Mar 25th, 2011 at 9:20 AM

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Immigration Law Attorney serving Costa Mesa, CA
2 Awards
With very few exceptions, someone who came in on a K1 visa cannot only obtain their Green Card based on marriage to the K1 petitioner. If you did marry your petitioner you are eligible to file for adjustment of status. This assumes that you are still married and the petitioner wishes to continue with the process.
Answered on Mar 25th, 2011 at 9:08 AM

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