What to do if I came to the US on a K-1 visa and got married within the 90 days limit but due to financial constraints, I didn’t file for AOS and had to leave?

I had to leave the states urgently after 5 weeks of the expiration date on the K-1. I wasn’t fully aware of the consequences and am now wondering if I can enter the states on a VWP and then file for AOS there?

Asked on July 16, 2014 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You will most likely not be permitted to enter on the VWP now that you are married to the USC and had a K-1 visa.  You will need to see the Consulate in your home country to see if they can extend the original visa for you if you explain and show proof of the urgency which necessitated your departure from the US.  IF you do not get it, your US citizen husband will need to start the process of petitioning for your spouse visa and you will need to wait abroad until you get it.

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