US Visa

Question by gateway682: can i adjust the status of expired K-2 Visa Fiance? ?
She came here from Peru 2 years ago as a k2 with her mom being the k1. things did not work out between her mom and the person that brought them here so consequently they are nonetheless here and illegal. i have been dating her for a year now and we plan on getting married in april. is there whatsoever possible way that we tin adjust her status while she is here in the US? i have had some populate tell me that after filing the I-130 they would want her to return to peru and it would be a waste of money to file the I-485. and i have had some populate tell me right after we get married that we should file the I-130 and the I-485 and that even though she is an overstay it will be approved. my sole desire is to marry this girl and be happy but the more people i talk to, the more populate state live here and have her continue to be illegal, or to live in Peru for the next 10 years and then return.but i have flushed called immigration and they told me that as long as she entered the country legally she is “eligible” for the I-485. does anyone have any light on this subject for me?

Best answer:

Answer by Officer Jeff
No, once she did not get married within the 90 days as allowed on the visa, she became out of status (Illegal). Out of status alien can NOT adjust status inside the United States.The longer that she is illegally in the United States, the longer the possible ban will be, and may make her inadmissible for up to 10 years. She needs to leave the US and then you can again apply for the K1.

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