What can I do if I came on a k-1 visa and am now out of status? 2 Answers as of March 25, 2011

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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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 3/25/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
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.
Answer Applies to: California
Replied: 3/25/2011
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