Getting married within 90 days

[Mr. Grey 0]

Hi y'all,

First of all: Thanks to everyone for all the help we received in this forum during our journey. Today, I had my K-1 visa in my mailbox, only 2 days after the interview at the Frankfurt Consulate. The whole process was a breeze so far, and besides the waiting time for NOA2 everything went just fast !

Anyways, my US entry will be on May 31, in three and a half weeks from now. Our wedding date is August 23, that's 84 days after entry on the K-1 visa. My question pertains to the AOS application that follows the wedding. The consulate people told me that I have to get married within 90 days after entering the US on the K-1 visa. However, does that imply that I have to file for AOS within that time, too ? I understand that I will be out of status if I file for AOS on or after August 30. But will that in any way affect my AOS application ?

I'm just asking, because I guess it'll take a couple of days until we receive our marriage certificate from the county clerk after the wedding. Since the marriage certificate is probably one of the most important documents for the AOS application, it's likely that we'll have to file for AOS after the 90-day period expired.

Who experienced the same situation or knows how to handle it? I do not necessarily want to have a "courthouse" wedding prior to our wedding date.

Regards,

Daniel

[payxibka 10,045]

Anyways, my US entry will be on May 31, in three and a half weeks from now. Our wedding date is August 23, that's 84 days after entry on the K-1 visa. My question pertains to the AOS application that follows the wedding. The consulate people told me that I have to get married within 90 days after entering the US on the K-1 visa. However, does that imply that I have to file for AOS within that time, too ? I understand that I will be out of status if I file for AOS on or after August 30. But will that in any way affect my AOS application ?

anecdotal evidence indicates the answer is No, just get it done as soon as practicable.

Edited May 7, 2008 by fwaguy

[Jack and Barbara 0]

I asked the same question to a fellow VJ member, LovinLiberia, who gave a great response.

Most people advise that you file AOS ASAP after getting married WITHIN the 90 days, but if you file late then you won't get in trouble. It just means that your fiance will be out of status until the AOS is filed. I have seen people file AOS a year after arriving on the K-1.

A K-1 does expire 90 days after arriving in the US, but filing AOS after the 90 day expiration will put her out of status. To correct that, all you need to do is file the I-485 and USCIS will "forgive her" for not filing earlier. Basically, make sure you get married within the 90 day requirement and everything will be fine. If you don't get married within 90 days, then things get scary and you will have to go through an alternate route.

[*JG* 2]

Just keep in mind that the longer you wait to file, the longer you sometimes have to wait to get a job and drive.

But, no.....file as soon as practical just like what was said above.

Good luck to you!

[payxibka 10,045]

A K-1 does expire 90 days after arriving in the US, but filing AOS after the 90 day expiration will put her out of status. To correct that, all you need to do is file the I-485 and USCIS will "forgive her" for not filing earlier. Basically, make sure you get married within the 90 day requirement and everything will be fine. If you don't get married within 90 days, then things get scary and you will have to go through an alternate route.

Clarifications:

A K-1 (visa) does NOT "expire" after 90 days, it expires the day it is used. What "expires" is your K-1 status that is/was granted to you when you are/were admitted at the POE. This status is indicated on the I-94. It is the expiration of the I-94 that puts you "out of status", and has nothing to do with when you file the I-485 (AOS application). The filing of the I-485 actually places you in some sort of "pending" status per se.

Edited May 7, 2008 by fwaguy