If a person has overstayed their visa and now wants to get married, is it better to do it undertheir existing B1 visa or shouldthey apply for a K1 visa?
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If a person has overstayed their visa and now wants to get married, is it better to do it undertheir existing B1 visa or shouldthey apply for a K1 visa?
I came to the U.S as a child on a B1 visa and my parents chose to overstay. I am now 20 and my longtime boyfriend has been talking about us getting married within the next year or so. Obviously I’m an overstay, so we’re well aware that it is something that will be taken into consideration when we apply for anything. Would it be best to get married while under my B1 visa and then apply for adjustment or should we apply for a K1 first? We want to do it the right way now that I have a choice.
Asked on March 12, 2012 under Immigration Law, Arizona
Answers:
Harun Kazmi / Kazmi and Sakata Attorneys at Law
Answered 12 years ago | Contributor
Hello. You should definitely process here in the US based on your B overstay. If you leave for a K1 or even after you marry, you will be subject to a 10 year bar. If you marry and process the Adjustment here, they will forgive the overstay and you will then receive a valid conditional green card and can work and travel in the US after the approval.
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should just get married if you are planning to do that anyway and then apply for adjustment of status. DO NOT GO OUTSIDE THE US as you are eligible to adjust status within the US as long as you entered the US lawfully and can prove that lawful entry. If you depart the US, you will be barred from reentry for 10 years.
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