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Results 1 to 9 of 9

Thread: Any change in law regarding overstay of K1 Visa

  1. #1
    We have posted before but it has been almost 4 years now since our last post.

    I am a US Citizen by birth (husband), my wife Russian. She came to US in 2000 to another man on K1 fiance visa but did not return when they did not marry. We met later, got married in 2001.

    At last attempt to adjust were informed she would have to adjust outside of US because of the K1 overstay.

    That was 4 years ago. We now have a 3 year old son who is Autistic and requires a lot of special needs support which we have in place through various agencies here in North Carolina. He also is on a special diet and treatment protocol entirely managed by my wife.

    This all adds to the hardship of her having to leave the USA to adjust her status. We are aware of the requirements from posting here 4 years ago including the process for filing I601.

    We would appreciate any advice regarding whether our current situation with a 3 year old special needs child with Autism might be considered regarding the requirement for my wife to leave the country to adjust status. Is there a chance she may not have to leave the US under the current circumstances. Also the fact that she has been in the USA now for nine years, no criminal record, US citizen husband and we will be married eight years in February 2009 weigh in our favor.

    Thank you for any consideration, suggestions and advice.

  2. #2
    We have posted before but it has been almost 4 years now since our last post.

    I am a US Citizen by birth (husband), my wife Russian. She came to US in 2000 to another man on K1 fiance visa but did not return when they did not marry. We met later, got married in 2001.

    At last attempt to adjust were informed she would have to adjust outside of US because of the K1 overstay.

    That was 4 years ago. We now have a 3 year old son who is Autistic and requires a lot of special needs support which we have in place through various agencies here in North Carolina. He also is on a special diet and treatment protocol entirely managed by my wife.

    This all adds to the hardship of her having to leave the USA to adjust her status. We are aware of the requirements from posting here 4 years ago including the process for filing I601.

    We would appreciate any advice regarding whether our current situation with a 3 year old special needs child with Autism might be considered regarding the requirement for my wife to leave the country to adjust status. Is there a chance she may not have to leave the US under the current circumstances. Also the fact that she has been in the USA now for nine years, no criminal record, US citizen husband and we will be married eight years in February 2009 weigh in our favor.

    Thank you for any consideration, suggestions and advice.

  3. #3
    no mike, nothing has changed... except that now it will be even harder for your wife to leave for a period of time...I am sorry

    I don't understand why you haven't taken the advice you got so many years ago and solved your wife's status back then... Her son's special needs, lenght of (illegal) stay and marriage don't change the fact that she can't adjust status in the USA.

    Now, in the last 10 years only once I came accross a case where a K1 not married to original petitioner was allowed to adjust status in the USA. I don't remember much about the case or why it was ruled that way...(maybe somebody else knows more) but that's one in 1.000.000 cases as the law is otherwise very clear about it.

    I just don't know what to say... you know what's required.

    I hope others learn that ignoring a problem wan't make that problem go away...

    Good luck

  4. #4
    Not over until the alien wins. fugetabouit.

  5. #5
    Someone12
    Guest
    another visa cheat....she has to leave the country in spite of your excuses....she failed to obey our simple rules (and as a result, married a simpleton)

  6. #6

  7. #7
    Thank you Aneri for your concerned and diginified reply.

    Things are never as simple as stated on paper in terms of managing life situations.

    We will pursue the avenues available.

    Happy New Year.

  8. #8
    Someone12
    Guest
    why not try following the law?

  9. #9
    Please explain why you did not have her leave and re-file for an immigrant visa?

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