I have a situation I am a K 2 visa overstay my mother never married its been

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Immigration Law (USA)

Question

Hello I have a situation I am a K 2 visa overstay my mother never married, its been five years and I am now engaged to a USC to be married - will I have problems adjusting or do I have to file a special waiver?

Thanks

Answer

You will have problems adjusting status if you get married to the USC. The law states that K visa entrants may only enter to the US solely to conclude a valid marriage with the petitioner. The law gives it 90 days in which to do that. If the marriage is not entered in to the K-visa recipient and the K-2 beneficiaries must leave the country as they may never adjust under any other ways. In your situation I would leave the country and have the USSC fiancee petition for you for a K visa, or marry you here in the US and the leave the country and petition for a K-3 visa.

Good Luck

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