Please help!!! K1 visa complicating situations

[definitemind]

I entered into the US on October 29th 2014 on a K-1 Visa which was to expire on January 26th 2015 (90 Days). Due to several issues my fiance was going through in her life, having to deal with both her very sick dad and only son, there was a late change of mind not to get married. So, I got a ticket to leave on the 26th of Januaray being the day my visa expires in the US. My flight was to connect through Miami, London(Heathrow airport) and from there to my final destination but on getting to Miami, I was denied entry into the London-Heathrow-bound plane by BA(British Airways), they argued my visa had expired and I couldnt get into the UK without a visa, which was weird because I have never heard that I needed a visa for connecting flights(I wasnt stepping a foot outside the airport, just connecting through Heathrow). I had to return to Orlando because myself and my fiancee thought it was a sign not to be apart from each other, so we got married a couple of days after, which means I married outside the 90 days window of my fiance visa, she is a US citizen and believes its not the end of the world to get married outside the 90 day window but am still worried regardless. Also, when I check my I-94 information online, it shows that I have departed from the US through Miami airport.
I have three concerns:

1. Will my marriage be considered illegitimate?
a) is all hope lost?
b) what can I do about the situation and;
c) what I can I not do about the situation?

2. Why does it show that I departed even though I was denied entry into the plane?

3. What does it mean to me now that my I-94 information shows that am out of the Country?

Thanks for your anticipated help. I really appreciate!!!

[rayb]

Your marriage is legitimate and will be recognized in the future for immigration purposes.

But since you married beyond your 90-day visa period, you cannot be Adjusted as a K1 entrant, and must be re-petitioned as a spouse.

It is possible that the I-130 could be submitted and processed at the same time as an Adjustment of Status, while remaining in the U.S., but since your violated the terms of the K1 visa, that might not work.

--Ray B

I entered into the US on October 29th 2014 on a K-1 Visa which was to expire on January 26th 2015 (90 Days). Due to several issues my fiance was going through in her life, having to deal with both her very sick dad and only son, there was a late change of mind not to get married. So, I got a ticket to leave on the 26th of Januaray being the day my visa expires in the US. My flight was to connect through Miami, London(Heathrow airport) and from there to my final destination but on getting to Miami, I was denied entry into the London-Heathrow-bound plane by BA(British Airways), they argued my visa had expired and I couldnt get into the UK without a visa, which was weird because I have never heard that I needed a visa for connecting flights(I wasnt stepping a foot outside the airport, just connecting through Heathrow). I had to return to Orlando because myself and my fiancee thought it was a sign not to be apart from each other, so we got married a couple of days after, which means I married outside the 90 days window of my fiance visa, she is a US citizen and believes its not the end of the world to get married outside the 90 day window but am still worried regardless. Also, when I check my I-94 information online, it shows that I have departed from the US through Miami airport.
I have three concerns:

1. Will my marriage be considered illegitimate?
a) is all hope lost?
b) what can I do about the situation and;
c) what I can I not do about the situation?

2. Why does it show that I departed even though I was denied entry into the plane?

3. What does it mean to me now that my I-94 information shows that am out of the Country?

Thanks for your anticipated help. I really appreciate!!!

[definitemind]

Re: Please help!!! K1 visa complicating situations

Thanks for your HELP. I didnt know you had responded, so I went to an immigration lawyer for some help. He advised, I filed for both I-485 and I-130 concurrently. He said the fact that my fiance is a US citizen and I entering into the US legally exonerates my unlawful stay. Thank you very much, Ray. I appreciate the thoughtfulness to respond.

Your marriage is legitimate and will be recognized in the future for immigration purposes.

But since you married beyond your 90-day visa period, you cannot be Adjusted as a K1 entrant, and must be re-petitioned as a spouse.

It is possible that the I-130 could be submitted and processed at the same time as an Adjustment of Status, while remaining in the U.S., but since your violated the terms of the K1 visa, that might not work.

--Ray B

[rayb]

I'm afraid you may find that your attorney was wrong in advising you to proceed with concurrent filing, as your K1 visa entry negates your ability to proceed this way.

I'm surprised that any immigration attorney would overlook this obvious K1 visa requirement, especially since you will be investing $1,490 in USCIS fees, an immigrant medical exam and the attorney fees (probably $1,500 or more) with the good possibility that your Adjustment form and fee $1,070 will be denied.

I sincerely hope that I am wrong, but I've seen this same problem with K1 overstays in the past. This is handled by USCIS the same way that J1 or "C" visa attempts at Adjustment are viewed by USCiS, in that a K1 entry, although a legal entry, does not allow later conversion to Permanent Resident status if the K1 visa requirements were not completed.

--Ray B

Thanks for your HELP. I didnt know you had responded, so I went to an immigration lawyer for some help. He advised, I filed for both I-485 and I-130 concurrently. He said the fact that my fiance is a US citizen and I entering into the US legally exonerates my unlawful stay. Thank you very much, Ray. I appreciate the thoughtfulness to respond.