how long to allow for marriage and AOS?

[WS-JW 0]

I have another quick question,

me and my fiancee are planning on getting married on June 7th this year. and with the 7th of march just gone, we are now in the within 3 months period, so technically i could enter the US now. however i don't want to go too early because then i will not have time to file for AOS before my K-1 expires and could get into trouble, also I was concerned about flying to california and back for our honeymoon and am worried about passport control with just an expired K-1.

I was wondering what your recommendation is for the earilest I go? I was wanting to go as soon as possible to help with the planning. how much time do you suggest I allow for AOS filed after marriage before my visa expires?

also, if I get stopped by police with AOS pending, and all i can show is an expired K-1, how will the police know i'm not illegal?

thanks in advance

[Lona.C. 16]

I have another quick question,

me and my fiancee are planning on getting married on June 7th this year. and with the 7th of march just gone, we are now in the within 3 months period, so technically i could enter the US now. however i don't want to go too early because then i will not have time to file for AOS before my K-1 expires and could get into trouble, also I was concerned about flying to california and back for our honeymoon and am worried about passport control with just an expired K-1.

I was wondering what your recommendation is for the earilest I go? I was wanting to go as soon as possible to help with the planning. how much time do you suggest I allow for AOS filed after marriage before my visa expires?

also, if I get stopped by police with AOS pending, and all i can show is an expired K-1, how will the police know i'm not illegal?

thanks in advance

the rule is once you enter with K1 you must get married withing 90 days , after your married there is no timeframe when you have to file AOS BUT ITS A MUST TO GET MARRIED WITHIN 90 DAYS OF ENTRY ON K1

[StoryAngel 4]

WS-JW I was in a similar position to you. We're getting married on 17th May so technically I could've gone to the US from 17th February, but I wanted to leave a bit of leeway for AOS etc. plus I had other stuff to sort out here in Europe first. While the only requirement on a K1 for those 90 days is that you marry within that timeframe, I also agree that it's better to have filed for AOS before the 90 days is up, otherwise you're out of status.

I also had to factor in selling my apartment which has just happened this week, yay!! My flight US-wards is now booked for 25th March, which gives us an ample 5 weeks after the wedding on 17th May to file for AOS. I'm not suggesting you leave as much time as I have done - I did it partly as I had other things to do in Europe - but leaving a little bit of time just to get the AOS papers in might be a good idea. But legally the ONLY K1 requirement is that you marry within those 90 days. As long as you do that, you'll be ok.

AFAIK there shouldn't be any trouble whatsoever flying within the US for your honeymoon - you just need to stay within the US until you get your GC, or apply for AP (with AOS) if you want to leave the US before then. Just to note, getting married does NOT mean you K1 expires; it is valid for the full 90 days regardless of when during that timeframe you marry.

[Kez/JWolf 6]

A K1 visa is a once only entry visa, once you enter the US it no longer a valid visa.... The I-94 is your authorized arrival/departure record, the expiry date of the I-94 is 90 days from entry...

As a K1 visa holder you have to get married within those 90 days... You do not need to file for AOS before the 90 days has expired, some people wait for a few weeks to get all the paperwork they need to file, others wait months for varying reasons and one or two wait a year or more...

AS for domestic travel, you are free to travel within the US all you need is photo ID, that can be your foreign passport or State drivers license or state ID card...

Kez

[ELW 5]

You asked about what you should show if police stop you (which I have never heard happening to anyone!). If you show the passport with K1 visa AND the marriage certificate, it is enough. You are legally in USA. In addition, if you have the NOA1 for AOS (proof that you filed for Adjustment of Status), it means your status would be "AOS pending" and that also shows you are legally in USA.

Once you enter USA on a K1 visa, as others have stated, the visa becomes void. It is one entry only allowed. So even if you are married, if you leave USA before you get the green card (granted AOS) OR an Advanced Parole document (which you have to apply for, and takes several weeks to be approved), you will NOT be allowed back into USA and you have to again apply for a visa to USA. So DON'T leave USA for honeymoon until AOS is granted!

[Reba 2]

Her honemoon plans however are to California, which is within the contiguous United States, and therefore no problem as far as visas go.

Tehre is no passport control for travel within the US, but you do need to show valid photo ID. Your passport can be used for that, or any other valid State ID (I'm guessing as its your honeymoon you won't have any State ID yet though, so passport will do). Make sure your tickets are in the name that is in your passport, and not your married name.