Q: K1 denied now she needs to depart
My K1 fiance and I got married 9 days AFTER 90 days of the allotted time and her change of status was denied. 2 weeks after we received a letter stating that she needs to depart the US within 32 days upon receiving the letter. We filed a I-130 online yesterday to see if it would help. My question is, what happens now and what should we do? Thanks
A: why did you marry after the 90 days? There are strict rules that must be followed for the K-1 visa..Do u have a good reason why you delayed?
A: Luckily, you can still file for adjustment of status. You apparently already filed the I-130 so you can file I-485 and related forms now too. You will likely have to explain the delay in marriage to the immigration officer during your adjustment of status interview. The 90-day deadline is in place partially to ensure that the marriage is legitimate and not just manufactured for you to enter the United States. Therefore, going beyond the 90 days will place additional scrutiny on your true intentions because the officer will assume that your marriage is not legitimate and you will need stronger proof/documentation showing that your marriage is legitimate and that you plan to build a life together. Because of this, I recommend engaging an attorney to help you file for adjustment of status. Hopefully the adjustment of status will be granted so the period of time your wife was without lawful status will not count towards any unlawful presence. Best wishes!
Kevin L Dixler agrees with this answer
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