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Thread: Immigration Law Q: k1 overstayed, married different USC, parents USC what can I do?

  1. #1
    Hello,

    I would appreciate advice, regarding this situation, went to different lawyers, heard different answers.

    Came on K1 visa in 2004, overstayed, in 2007 married different USC. We don`t have children yet, getting ready to buy a house.
    My parents and sister are US citizens.

    My original country has visa waiver program.
    I heard that I would need to come back to my country and my husband would need to ask for waiver which I probably not going to get..
    I don`t want to get seperated from my husband and family.

    What are my options?

    Thank you very much in advance for the detailed answer.

  2. #2
    Hello,

    I would appreciate advice, regarding this situation, went to different lawyers, heard different answers.

    Came on K1 visa in 2004, overstayed, in 2007 married different USC. We don`t have children yet, getting ready to buy a house.
    My parents and sister are US citizens.

    My original country has visa waiver program.
    I heard that I would need to come back to my country and my husband would need to ask for waiver which I probably not going to get..
    I don`t want to get seperated from my husband and family.

    What are my options?

    Thank you very much in advance for the detailed answer.

  3. #3
    You can get your 601 waiver from USCIS while waiting here.

  4. #4
    I'm going to assume you did not marry the fiance who sponsored you for the K-1. In this case, you have absolutely no avenue to adjust status within the US. You will have to return to your home country and start from scratch. You will need an I-601 waiver, which means that your husband will have to prove extreme hardship to himself should you not be allowed to return to the US.

    They are talking about allowing I-601 waivers to be processed in the US, but this hasn't happened yet, and even then, it isn't an option for you. If you'd entered under the visa waiver or a tourist visa, maybe, but K-1 is a different animal and the only way to adjust is by marrying the sponsoring fiance.

    You are also now ineligible to utilize the Visa Waiver Program. Your overstay and the fact that you have a USC husband and family members means you would be denied entry.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Summertime:
    Hello,

    I would appreciate advice, regarding this situation, went to different lawyers, heard different answers.

    Came on K1 visa in 2004, overstayed, in 2007 married different USC. We don`t have children yet, getting ready to buy a house.
    My parents and sister are US citizens.

    My original country has visa waiver program.
    I heard that I would need to come back to my country and my husband would need to ask for waiver which I probably not going to get..
    I don`t want to get seperated from my husband and family.

    What are my options?

    Thank you very much in advance for the detailed answer. </div></BLOCKQUOTE>

    You can't do much as this is one of the worst transgressions in the eyes of USCIS if you came on K and overstayed it , marrying
    someone else later ( looks like you got K to gain entry and had no intentions whatsoever to marry , if you indeed overstayed it, unless
    you married but failed to adjust). You can Google "K visa overstay" and also read some BIA and Appeals Courts' ruling on this.

    I don't know what the most current law or regulations state in this regard but I wouldn't bet on it being a winner.

  6. #6
    Thank you all for the answers. I wonder if my parents can start process for me, because they are US citizens? what about me trying to "win" grenn card lottery?
    I love this country and I love my country, but don`t want to go back, because all my family lives here..

  7. #7
    No, you can't.

    Too many people abused K visas in past so part of 1986 amnesty legislation was to put the extra measures
    that may have made you a subject to a permanent ban , depending what specific sections you found in
    violation of.

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