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  • K-1 overstay

    Hi guys.!I want to say first that maybe you could spare me a few minutes of your time.I came here in US last January 2011 through K-1 visa got married within 90 days to my US spouse and until now we are still married.Problem is we have'nt adjust my status yet and I overstay now for a little over 4 years.My husband said we will be able to do it in a few months.But my problem is all my documents were expired already,my I-94,my visa my passport and I don't have any ID.I didn't able to get SSN before.So is it ok if we will just submit my expired docs? or should I renew my expired passport first? which I am scared to do it because if the consulate will ask my ID and I don't have any to show and I can only show them my marriage certificate and my expired passport w/c contains my expired visa.
    I was told that I cannot adjust my status anymore and I will get deported and cannot enter in the US anymore because I overstay for too long.Is it true? I am scared to death right now because I thought I am still eligible to adjust my status.Please help me understand my situation.Thank you everyone.

  • #2
    No worries

    You are currently here in unlawful status, but you can still adjust status (in theory). No need to get a new passport. However, you will need to file a new immediate relative petition. Consider getting yourself an attorney; you should be able to get a decent one for less than $1,000 on a case like this.

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    • #3
      It is not true. Your I-94 is a record of legal entry. Your visa is proof of legal entry. Your marriage to a U.S. citizen is your legal basis to Adjust status.

      There is no reason to renew your passport for the Adjustment processing, unless you later plan to leave the U.S. for a trip.

      It is true that if you leave the U.S. without being Adjusted, you will have a very serious problem trying to get back into the U.S.

      --Ray B

      Originally posted by tintin215 View Post
      Hi guys.!I want to say first that maybe you could spare me a few minutes of your time.I came here in US last January 2011 through K-1 visa got married within 90 days to my US spouse and until now we are still married.Problem is we have'nt adjust my status yet and I overstay now for a little over 4 years.My husband said we will be able to do it in a few months.But my problem is all my documents were expired already,my I-94,my visa my passport and I don't have any ID.I didn't able to get SSN before.So is it ok if we will just submit my expired docs? or should I renew my expired passport first? which I am scared to do it because if the consulate will ask my ID and I don't have any to show and I can only show them my marriage certificate and my expired passport w/c contains my expired visa.
      I was told that I cannot adjust my status anymore and I will get deported and cannot enter in the US anymore because I overstay for too long.Is it true? I am scared to death right now because I thought I am still eligible to adjust my status.Please help me understand my situation.Thank you everyone.

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