Over Stay on K1

trueamerican

Registered Users (C)
Hello Everyone,
I have already applied for my wife's (I-130 & K3) and its still pending. I wanted to get some clarifcation on the (180) over stay rule. My wife came here on Sept,9,2009 and we got married within 90 days. However she left for her home country on June4th, 210.

Has she over stayed over 180 days?
What kind of problems should I expect from USCIS and US Consulate overseas.

Note: Her I-94 said admitted until December 08, 2009 and we also got over marriage license on December 08, 2009.

Thanks Everyone, so far everyone on this site have been very helpful to me.

TA
 
You really need to consult an attorney. Your dates are cutting it really close. I am not sure that you understand the procedure you should have followed.
 
She came here on a K-1 and did not apply for AOS. Instead she overstayed her K-1 based I-94 by nearly six months and she is now persuing the consular processing route for CR1 visa? Is my understanding correct?

I have already applied for my wife's (I-130 & K3) and its still pending. I wanted to get some clarifcation on the (180) over stay rule. My wife came here on Sept,9,2009 and we got married within 90 days. However she left for her home country on June4th, 210.
 
Mr.Ghouri,
Yes you are correct, she did not apply for AOS. She overstayed her on (I-94) about 175 days. I have applied for CR1 visa and K3 visa for her.


Thanks,
TA
 
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