A few questions concerning Out-of-status and K-1

[JaneyD]

I am currently in the US right now as a visitor (visiting my boyfriend). As a Canadian, I simply entered with my passport. I originally planned on only staying for 2 months (it was what I had told customs), however, by a turn of events, I am now engaged! It has been about 4-5 months now and I'm worried about becoming out-of-status.

My questions are...

1.) If I file for a K-1 now and the turn around time puts me out-of-status, am I still ok?

2.) Am I eligible to apply for a K-1 if I am already out-of-status? (Lost track of time, might already be over 6 months, but I am totally unsure).

Thanks.

 

[rayava]

K1

Has your fiance petitioned for you? I kinda did the same thing but went back to Canada within the 90 days that I was allowed to be in the USA. I believe if you stay in the US for more than the 90 days, you break some rule and you need to go back to Canada and wait for a period of time. I believe it might be 6 months or 3 years depending on how long you were in the US illegally (which you are since you've been there more than 90 days). But I read about it so long ago that I don't exactly remember. I believe you need to go back to Canada, have your US fiance petition for you after you've waited the penalty time for being in USA too long and submit proof you've met (My fiance petitioned for me in April 2011). You can visit the US at that point but DO NOT stay more than your 90 days. You then wait to hear back from USCIS (they got back to me in September 2011) and then you file all your K1 visa paperwork and wait for them to get back to you and tell you when your interview at the consulate and doctors exam are(mine was Feb 2012). Within a week(if approved) you can move to the US. You then must legally marry within 90 days...good luck planning your wedding in less than 90 days lol that's not easy. and then you file for your work permit which for me took 3 months and your permanent resident card which Ive been waiting 9 months for and still waiting to hear if I'll be approved. If you're planning on leaving the US between the day you arrive in US after the interview at the consulate, make sure you file for a application for file document. If you leave the US while waiting for a PR card and you do not have the travel document card with you, you will not be allowed back in the US and will have to file a bunch of pain in the bum paper work.

Also, not sure if you've looked into this but I believe you must be in Canada to file for the K1.

I am currently in the US right now as a visitor (visiting my boyfriend). As a Canadian, I simply entered with my passport. I originally planned on only staying for 2 months (it was what I had told customs), however, by a turn of events, I am now engaged! It has been about 4-5 months now and I'm worried about becoming out-of-status.

My questions are...

1.) If I file for a K-1 now and the turn around time puts me out-of-status, am I still ok?

2.) Am I eligible to apply for a K-1 if I am already out-of-status? (Lost track of time, might already be over 6 months, but I am totally unsure).

Thanks.