When to get married on K-1

[ezmiller 0]

I have a Nolo guide to Fiance & Marriage Visas in which it says that even though you have 3 months on a K-1 Visa to get married, that it is wise to get married immediately. The reason the guide gives for this is that you need a marriage certificate in order to submit the adjustment of status forms and acquiring a marriage certificate can sometimes take up to three months.

I'm trying to get a sense of how true this is. Does it really take three months to get a marriage certificate? Is there a way to know for sure how long it will take? What happens if you don't get the marriage certificate by the end of the 90-day period? Do you have to file for an adjustment of status before the 90-day period of the K-1 visa is up, an what if you don't? Finally, I'm curious when people on this forum who may have gone through the process have typically been married within the 90-day period.

Thanks in advance for the help...

[KittyPollitt 284]

I have a Nolo guide to Fiance & Marriage Visas in which it says that even though you have 3 months on a K-1 Visa to get married, that it is wise to get married immediately. The reason the guide gives for this is that you need a marriage certificate in order to submit the adjustment of status forms and acquiring a marriage certificate can sometimes take up to three months.

I'm trying to get a sense of how true this is. Does it really take three months to get a marriage certificate? Is there a way to know for sure how long it will take? What happens if you don't get the marriage certificate by the end of the 90-day period? Do you have to file for an adjustment of status before the 90-day period of the K-1 visa is up, an what if you don't? Finally, I'm curious when people on this forum who may have gone through the process have typically been married within the 90-day period.

Thanks in advance for the help...

That sounds a little extreme to me.. You should call the clerk of the court in the district you plan to marry to find out how long it will take to get a marriage certificate. In Maryland, where I live, they gave us copies of it the same day we had the civil ceremony. I can't speak for the rest of the process, as I'm still muddling through it myself- I wish you luck in your journey..

[Old Dominion 26]

The marriage certificate is usually available within a day of its being filed by the person who marries you. You need to go to the local court or other office to obtain a certified one with the official stamp on it. It's good to obtain two or three at that time. Filing for the work permit and green card should be done as soon as possible after the wedding, just to be able to provide evidence that the beneficiary is legally in the U.S. If it is not filed by the time the I-94 on his passport expires, then there can be difficulties.

[pushbrk 12,569]

The marriage certificate is usually available within a day of its being filed by the person who marries you. You need to go to the local court or other office to obtain a certified one with the official stamp on it. It's good to obtain two or three at that time. Filing for the work permit and green card should be done as soon as possible after the wedding, just to be able to provide evidence that the beneficiary is legally in the U.S. If it is not filed by the time the I-94 on his passport expires, then there can be difficulties.

How long from ceremony to certified copy of marriage certificate varies widely from State to State and can vary from county to county within a State, so do check with your local jurisdiction. It's a good practice to file AOS within the 90 days and there are several good reasons to do so as quickly as possible but it is NOT a "requirement".

[baron555 934]

I have a Nolo guide to Fiance & Marriage Visas in which it says that even though you have 3 months on a K-1 Visa to get married, that it is wise to get married immediately. The reason the guide gives for this is that you need a marriage certificate in order to submit the adjustment of status forms and acquiring a marriage certificate can sometimes take up to three months.

I'm trying to get a sense of how true this is. Does it really take three months to get a marriage certificate? Is there a way to know for sure how long it will take? What happens if you don't get the marriage certificate by the end of the 90-day period? Do you have to file for an adjustment of status before the 90-day period of the K-1 visa is up, an what if you don't? Finally, I'm curious when people on this forum who may have gone through the process have typically been married within the 90-day period.

Thanks in advance for the help...

I can not imagine any state or country taking three months for a marriage cert. I think that is bad advice. Here in my county it takes one day.

Now a reason to file for AOS within the first 90 days is that once 90 days is up, the beneficiary is technically out of status. Your NOA1 receipt of the AOS paperwork acts as a "temporary visa". You can wait longer and some do and there is no problem. If you wait longer than 180 days, that could be an issue.

The issue would be that if for some reason you were denied at the AOS interview, and they have more than 180 days of overstay, that could result in a 3 year ban.

[belinda63 3,022]

We took our certificate to the courthouse right after the ceremony and received a certified copy in 30 minutes

[ezmiller 0]

I can not imagine any state or country taking three months for a marriage cert. I think that is bad advice. Here in my county it takes one day.

Now a reason to file for AOS within the first 90 days is that once 90 days is up, the beneficiary is technically out of status. Your NOA1 receipt of the AOS paperwork acts as a "temporary visa". You can wait longer and some do and there is no problem. If you wait longer than 180 days, that could be an issue.

The issue would be that if for some reason you were denied at the AOS interview, and they have more than 180 days of overstay, that could result in a 3 year ban.

If I understood you correctly baron555, what you are saying is that you must get married with 90 days on the K-1 Visa, but you have longer (potentially up to 180 days) to file for AOS? Is that correct? When you say that a person is "out of status" after the 90 days without the NOA1 receipt, does that mean that they are here illegally at that point? Can you clarify just a bit? Thanks for the help!

[Dakine 26]

I can not imagine any state or country taking three months for a marriage cert. I think that is bad advice. Here in my county it takes one day.

Now a reason to file for AOS within the first 90 days is that once 90 days is up, the beneficiary is technically out of status. Your NOA1 receipt of the AOS paperwork acts as a "temporary visa". You can wait longer and some do and there is no problem. If you wait longer than 180 days, that could be an issue.

The issue would be that if for some reason you were denied at the AOS interview, and they have more than 180 days of overstay, that could result in a 3 year ban.

If I understood you correctly baron555, what you are saying is that you must get married with 90 days on the K-1 Visa, but you have longer (potentially up to 180 days) to file for AOS? Is that correct? When you say that a person is "out of status" after the 90 days without the NOA1 receipt, does that mean that they are here illegally at that point? Can you clarify just a bit? Thanks for the help!

Some people wait 2 years to file for AOS so they won't have to remove conditions but they are out of status and may be deported if caught before they file. Bad idea for those living near the Mexica border and are brown skinned.

Edited October 24, 2009 by Dakine

[pushbrk 12,569]

I can not imagine any state or country taking three months for a marriage cert. I think that is bad advice. Here in my county it takes one day.

Now a reason to file for AOS within the first 90 days is that once 90 days is up, the beneficiary is technically out of status. Your NOA1 receipt of the AOS paperwork acts as a "temporary visa". You can wait longer and some do and there is no problem. If you wait longer than 180 days, that could be an issue.

The issue would be that if for some reason you were denied at the AOS interview, and they have more than 180 days of overstay, that could result in a 3 year ban.

If I understood you correctly baron555, what you are saying is that you must get married with 90 days on the K-1 Visa, but you have longer (potentially up to 180 days) to file for AOS? Is that correct? When you say that a person is "out of status" after the 90 days without the NOA1 receipt, does that mean that they are here illegally at that point? Can you clarify just a bit? Thanks for the help!

Some people wait 2 years to file for AOS so they won't have to remove conditions but they are out of status and may be deported if caught. Bad idea for those living near borders.

Right, there's no hard and fast time limit for filing to adjust status. The beneficiary who doesn't need to work, stays married, doesn't need to leave the US and is in little danger of immigration issues (doesn't live near a border etc.) has little risk by waiting but unless you just can't afford the fees, filing promptly is the best course of action, IMO.

[baron555 934]

I can not imagine any state or country taking three months for a marriage cert. I think that is bad advice. Here in my county it takes one day.

Now a reason to file for AOS within the first 90 days is that once 90 days is up, the beneficiary is technically out of status. Your NOA1 receipt of the AOS paperwork acts as a "temporary visa". You can wait longer and some do and there is no problem. If you wait longer than 180 days, that could be an issue.

The issue would be that if for some reason you were denied at the AOS interview, and they have more than 180 days of overstay, that could result in a 3 year ban.

If I understood you correctly baron555, what you are saying is that you must get married with 90 days on the K-1 Visa, but you have longer (potentially up to 180 days) to file for AOS? Is that correct? When you say that a person is "out of status" after the 90 days without the NOA1 receipt, does that mean that they are here illegally at that point? Can you clarify just a bit? Thanks for the help!

Technically yes they are here illegally, since their only visa allowing them to be here has expired. Just because you got married, which you are supposed to do, doesn't change your status concerning immigration. 90 days is not hard and fast but as has been stated, going beyond 180 days can be a bad thing, etc. You'll most likely have to explain things at the AOS interview stage if you waited a while to file AOS after the 90 day window.

The short story is that everyone should understand that once you become married on a K-1, your life with immigration continues. And everyone should budget for the cost of AOSing because that is not cheap.

[ezmiller 0]

I can not imagine any state or country taking three months for a marriage cert. I think that is bad advice. Here in my county it takes one day.

Now a reason to file for AOS within the first 90 days is that once 90 days is up, the beneficiary is technically out of status. Your NOA1 receipt of the AOS paperwork acts as a "temporary visa". You can wait longer and some do and there is no problem. If you wait longer than 180 days, that could be an issue.

The issue would be that if for some reason you were denied at the AOS interview, and they have more than 180 days of overstay, that could result in a 3 year ban.

If I understood you correctly baron555, what you are saying is that you must get married with 90 days on the K-1 Visa, but you have longer (potentially up to 180 days) to file for AOS? Is that correct? When you say that a person is "out of status" after the 90 days without the NOA1 receipt, does that mean that they are here illegally at that point? Can you clarify just a bit? Thanks for the help!

Technically yes they are here illegally, since their only visa allowing them to be here has expired. Just because you got married, which you are supposed to do, doesn't change your status concerning immigration. 90 days is not hard and fast but as has been stated, going beyond 180 days can be a bad thing, etc. You'll most likely have to explain things at the AOS interview stage if you waited a while to file AOS after the 90 day window.

The short story is that everyone should understand that once you become married on a K-1, your life with immigration continues. And everyone should budget for the cost of AOSing because that is not cheap.

Your responses are so great that they always provoke a follow up question. So I hope I am not bothering you if I ask one more. The cost of "AOSing"? Is it possible to estimate that cost? I suppose if you do it through a lawyer it is very expensive, but what if you do it yourself?

[baron555 934]

Finally, I'm curious when people on this forum who may have gone through the process have typically been married within the 90-day period.

You MUST become married within the 90 days of a K-1 visa or they go back. If you get married on day 91 and then try to adjust, most likely they will deny the AOS and deport them (and then possibly incur any ban which would be from day 91 through to the day of the interview. Here the AOS NOA1 would not help them since they did not meet the rules of the K-1).

For us, we intend to marry within the 90 day limit. Our deal we made is that a decision will be made at the 67 day mark. If I say no, then they go back. If I say yes and she says no, they go back. If I say yes, she has the final say. Considering our feelings right now and all expectations, I'd say we will marry within a week of arrival. Oh, and marriage to us is only running over to the county courthouse and seeing the judge. Big ceremonies will be considered later. We are already planning on our return visist to Russia and want to do that next July so that also will dictate to us when we should be married to allow enough time for the AP or GC to arrive.

Edited October 24, 2009 by baron555

[Gary and Alla 3,694]

I have a Nolo guide to Fiance & Marriage Visas in which it says that even though you have 3 months on a K-1 Visa to get married, that it is wise to get married immediately. The reason the guide gives for this is that you need a marriage certificate in order to submit the adjustment of status forms and acquiring a marriage certificate can sometimes take up to three months.

I'm trying to get a sense of how true this is. Does it really take three months to get a marriage certificate? Is there a way to know for sure how long it will take? What happens if you don't get the marriage certificate by the end of the 90-day period? Do you have to file for an adjustment of status before the 90-day period of the K-1 visa is up, an what if you don't? Finally, I'm curious when people on this forum who may have gone through the process have typically been married within the 90-day period.

Thanks in advance for the help...

Not true at all. The requirement to comply with your obligations is to get married within 90 days of arrival. There is no requirement to file the adjustment of status within 90 days, though it is not a bad idea.

Getting a certified marriage certificate and how long it takes is dependant on where you live. We got married on a Friday evening and had the certified marriage certificate on Monday morning. Check with the issuing authoirties when you get the marriage lisence. If you are will to so a little "leg work" and hand deliver things or pick them up, you can usually get a marriage certificate very quickly. My adice...get several of them.

[SuperDuper! 230]

I have a Nolo guide to Fiance & Marriage Visas in which it says that even though you have 3 months on a K-1 Visa to get married, that it is wise to get married immediately. The reason the guide gives for this is that you need a marriage certificate in order to submit the adjustment of status forms and acquiring a marriage certificate can sometimes take up to three months.

I'm trying to get a sense of how true this is. Does it really take three months to get a marriage certificate? Is there a way to know for sure how long it will take? What happens if you don't get the marriage certificate by the end of the 90-day period? Do you have to file for an adjustment of status before the 90-day period of the K-1 visa is up, an what if you don't? Finally, I'm curious when people on this forum who may have gone through the process have typically been married within the 90-day period.

Thanks in advance for the help...

Not true at all. The requirement to comply with your obligations is to get married within 90 days of arrival. There is no requirement to file the adjustment of status within 90 days, though it is not a bad idea.

Getting a certified marriage certificate and how long it takes is dependant on where you live. We got married on a Friday evening and had the certified marriage certificate on Monday morning. Check with the issuing authoirties when you get the marriage lisence. If you are will to so a little "leg work" and hand deliver things or pick them up, you can usually get a marriage certificate very quickly. My adice...get several of them.

So what is the time limit requirement regarding filing the AOS for a K1 Visa after being married?

Edited October 25, 2009 by itzallgood

[James_Odeth 0]

Hello there!

When you are K-1, you have 90 days of period to get married..you must go to the registrar county to get your license and certificate of marriage before your wedding..the priest,pastor,judge, whoever it will be, he/she will sign it and report your marriage to the registrar of county and after 10days of marriage you can go back to the registrar county to get your license and certificate of marriage.. you should get 5 copies of it for all the requirements in the future.

After that, if you guys are ready to apply your I-485, change of status... you can go to USCIS.GOV.... that is the site where you can get all the requirements for your application.

I hope this will help you!

Take care & God bless!

Odz