Pasco County, FL Immigration Law Firms & Lawyers

In order to locate a record of entry, you can file form I-102 for a replacement I-94 or I-94 W with U.S.C.I.S. Once you have that, you may be able to file for adjustment of status through a US citizen spouse. I do note that there has been trouble in the past with adjustment of status for those who came in and overstayed under the visa waiver program, although it is my understanding at this time that U.S.C.I.S. will continue processing cases of this type. You may wish to consult with a local attorney to see what the local practice of the U.S.C.I.S. field office is in dealing with your particular kind of case.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Hello Anonymous, It is good practice for a  person who enters on a K-1 fiance visa to marry and file for their legal permanent residency status within 90 days of entry into the U.S. on the K-1 visa. This avoids problems with the U.S. Citizenship and Immigration Service (USCIS). It is important to marry within the 90 day window in keeping with the K-1 visa requirements. If a person marries during the 90 day period but is unable to file for adjustment within this period, their spouse should still be able obtain their legal permanent residency status, depending on the circumstances of the particular case. However, if a person does not adjust their status to a legal permanent resident and later divorces the U.S. spouse that filed the K-1 visa, there is a strong risk of deportation if the CIS becomes aware of their undocumented status. If there are practical reasons why you are unable to file for your spouse's legal permanent residence in a timely manner, you should consult with an immigration lawyer and discuss your case specifics to find out the pros and cons of a delay in your particular situation.   Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

If the child were living with his citizen father, in his custody, the child would be a citizen.  In this case, the father will have to petition for his child.