over 90 days

[frank1538]

Definitely talk to a good lawyer. I assume she is already in the US. I have heard of a number of situations where a legitimate marriage takes place after an overstay. The consensus seems to be to file both the I-130 and I-485 simultaneously (checking box 2(a) rather than 2( c) on the I-485). I am also lead to believe that she could stay in the US while the I-485 is being processed.

[C4Racer]

What is the time limit for using the visa?

 

138996[/snapback]

The visa has two time limits.

 

The first is that the visa holder has six months to enter the US.

 

Then depending on the type of visa, the visa holder will have a specific length of time to stay in the US. In the case of K1 visa, this length is 90 days. You can stay past the 90 days if you get married during this period.

[Dan R]

I know 5 Chinese, several Koreans and over a dozen Israelis that either overstayed visas or were here illegally; married and got permenant residence without leaving the country. They did use attorneys for finding the loopholes.

The government is hardest on those who follow the rules. Government policy is those who didn't should be returned to the legal fold.

 

In this case if you have decided to marry and the over stay is not more than a couple months, I would marry and file as if nothing was unusual. Make them decide if they want to make a case of it. If they accept the AOS no problem. If they do not that is the point to get an attorney to get it straightened out. I have heard in such cases of spouses told to wait in their country for the decision. Some have had to return home only when notified by the consulate to pick up their status. Most never went back out of the country. Leave it to the DOS to tell you what they want after you file.

 

In my business we operate under the USDA. violations of regulations are felonies often resulting in jail time. Non licensed competitors when caught are usually given two chances to become licensed even though the law allows for up to 10 years prison plus heavy fines. Government prefers the path of least resistance for themselves. This is part of the problem we face with the initial visa process. For the employees the path of least resistance is to do nothing and let us do all the work.

 

If your post means the two of you have worked out the problems from before... Congratulations.

[hakkamike]

Before 1997, if the original petitioner and the alien married after day 90, the solution was to do an I-130 with an I-485 adjustment. That is no longer possible. The only thing that you two can do is to have her go back and start all over again.

[Guest ShaQuaNew]

Before 1997, if the original petitioner and the alien married after day 90, the solution was to do an I-130 with an I-485 adjustment. That is no longer possible.  The only thing that you two can do is to have her go back and start all over again.

139077[/snapback]

We've not heard back from Jim to any of these comments. I am very curious however as to why he's in this position at all. After all the work getting a fiance over here he must have known that there were 90 days to consumate the marriage; or else.

[rogerluli]

I don't know the legalities at all Jim but I would agree with the posts that say to get married and then find out how to deal with it. If being with the woman you love is more important than anything else in the world...then go for it... B)

[Guest ShaQuaNew]

I don't know the legalities at all Jim but I would agree with the posts that say to get married and then find out how to deal with it. If being with the woman you love is more important than anything else in the world...then go for it... B) 

139081[/snapback]

Jim's not here. Everyone seems to be commenting but him. I cannot imagine going past the 90 days after all the hard work. We've heard nothing from him to explain why that happened. If they are having problems, it might be better to not marry.....

[Guest jimcope]

I would like to thank every one for their in put and I do mean every one. I have not heard from her in 7 months till yesterday. I just want what every one else does and it tid not happen with her and it can not for the way things went down at the time. I do wish each and every one out their the best and my thoughts and prayers are with you all.

JIm

[Yuanyang]

[Randy W]

EOT - End of Topic