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Was married after 90 days of k1 ,what to do attorney?

Boston, MA |
Filed under: Immigration

My k1 expired in aug 2012 ,wasmarried after 90days of k1 , what's the best thing to do?

Attorney Answers 4


  1. Meet with an attorney in person, and be prepared to be told that you cannot adjust status, would have to depart the U.S. to seek consular processing, and have a 10-year bar that you'd need to apply for a waiver for.


  2. Unfortunately I would have to agree with my colleague. See a lawyer fast as the more time goes by, the tougher it will get

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Due to the fact that you failed to get married during your K-1 visa's validity period you are now unable to adjust status in the US and must depart as soon as possible.

    In all likelihood you have accumulated at least 6 months worth of unlawful presence already and as a consequence the 3 year bar to readmission will become applicable to you upon your departure .

    Your future husband will need to file hardship waiver on your behalf, to "waive" your inadmissibility ground. Best to immediately seek the counsel and services of an immigration lawyer in your area, without any further delay.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. File for adjustment of status, and US spouse should file an I-130 with it.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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