Got married on the 90th day and have yet to work on AOS

[gbrairam 0]

Hi. I arrived last January 29, 2006 on a K-1 and my fiance and I got married April 29, 2006. That's actually 91 days after my arrival! I have not been able to put together my AOS packet yet although I have been reading up on it and preparing the forms.

A few questions I hope someone who knows can answer:

We used my husband's address in Arizona in the K-1 application. We will be relocating to Washington, DC within a week but have yet to find a place to stay there. With no address yet, can we use my parents-in-laws address in Chicago? (My husband lived in Chicago before moving to Arizona and his dad is my co-sponsor since my husband has not been earning the last two years, having gone back to school.)

If not having an address yet makes my AOS application too complicated, can I just wait for a couple of weeks before sending in my AOS packet or will I get into trouble for not filing it within the 90 days? We should be able to find an apartment in the next two weeks so I will be able to give a current address but for now we are in transition.

Will appreciate any replies.

Gina

[luv2teach77 41]

I think you may have made life rather complicated for yourself !!

Not filing AOS within 90 days in itself would not have been a problem. I beleive you can actually wait up to 180 days to file AOS papers without any major problems. However, the fact that you didn't get married until 91 days after activating your K-1 is a pretty big problem !!

The text below is taken from the USCIS website...(http://www.uscis.gov/graphics/howdoi/fiance.htm)

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

Considering that the whole 'marrying within 90 days' thing is one of the most important parts of the K-1 process, I hope that your reasons for delaying your wedding until after the 90 day cutoff were worth the stuation you now find yourself in.

You need to supply a marriage certificate as part of your AOS application so there is no way of saying you were married earlier than you actually were. I have a feeling that a meeting with an experienced AILA certified immigration attorney should be your next course of action.

Best of luck and apologies if I haven't painted the rosiest picture for you.

Mark

Edited May 10, 2006 by luv2teach77

[motu 5]

I don't think there is any problem at all with filing the AOS later (some people wait for a year or two sometimes (yes I have read about them!)) So! Don't worry about that - I wonder if technically being out of status by one day (you married on the 91st day) makes your K1 void and forces you to apply for AOS along with I130. Hopefully others will chime in on that point. And yes - the question to ask - why didn't you get married within the 90 days - and the response to your answer - Are you nuts! Ha ha ha - Good Luck

[JEDI 0]

• (Get out your calendars, boys and girls, it's time for some counting!)
  If you entered on January 29, does that count as day one or day zero?
  Because wouldn't you say, on January 30, that you had been there one day so far?
  If that is the case, then April 29 is actually day ninety, by my count.
  (Then again, the quoted passage says "WITHIN" 90 days.)
  So even if the government disagrees with you, you can probably make that argument.
  Who knows, maybe it actually IS day 90, in their eyes.
  

[Ladylethal 12]

I think you're in trouble.

[KarenCee 3]

Ayup....methinks you're in trouble too...the K-1 is specific: You must be married within 90 days of arriving in the US. To my way of thinking, day one starts the day your flight arrives in the US.

[Bstnguy 0]

Ayup....methinks you're in trouble too...the K-1 is specific: You must be married within 90 days of arriving in the US. To my way of thinking, day one starts the day your flight arrives in the US.

Yeah, this doesn't sound good. Good luck with what is to come.

[gimygirl 0]

[Karen_L 1]

Was there some reason you waited an extra day to get married that you could possibly explain to immigration? Like, did you intend initially to fly in at a later date than you did and so, made all the wedding arrangements for April 29th and when you flew in earlier, all the wedding arrangements were already paid for so you had no choice but to do it that day? Or something?

Also, and I hope this doesn't sound dumb, but is it actually 91 full days? I mean, if you entered the US at night in January, you could possibly argue most of that day was gone and since you probably got married in the morning/afternoon you may be able to inch by... I mean, don't panic yet because you may technically be okay and maybe they'll "let it slide" since you DID get married to the correct person and barely barely barely within the time frame with 90 days and 1/2. Or even if they wouldn't think of it like that... maybe they'd be willing to work with you and be lenient.

Good luck to you -- just try and stay calm, whatever you do

[Yodrak 7]

Gina,

What's the 'UNTIL' date written on your I-94? (The CBP has done the math for you already.)

If you married after that date include an I-130 from your husband with your I-485. I don't know what happens if you married on that date.

In any case, a consultation with an immigration attorney might be helpful so that you don't make any further mis-steps or close calls, as the case may be.

Yodrak

Hi. I arrived last January 29, 2006 on a K-1 and my fiance and I got married April 29, 2006. That's actually 91 days after my arrival! I have not been able to put together my AOS packet yet although I have been reading up on it and preparing the forms.

A few questions I hope someone who knows can answer:

We used my husband's address in Arizona in the K-1 application. We will be relocating to Washington, DC within a week but have yet to find a place to stay there. With no address yet, can we use my parents-in-laws address in Chicago? (My husband lived in Chicago before moving to Arizona and his dad is my co-sponsor since my husband has not been earning the last two years, having gone back to school.)

If not having an address yet makes my AOS application too complicated, can I just wait for a couple of weeks before sending in my AOS packet or will I get into trouble for not filing it within the 90 days? We should be able to find an apartment in the next two weeks so I will be able to give a current address but for now we are in transition.

Will appreciate any replies.

Gina

Edited May 10, 2006 by Yodrak

[gag54611 1]

The way I count it is, if you arrived on January 29th, then 1 day has elapsed on January 30th, 2 days on January 31st, etc.. all the way up to 90 days on April 29th.

Since CBP doesn't put time stamps on the I-94 or your passport, my opinion is that you are being given the benefit of an extra few hours. My bet is that your I-94 says April 29th, in which case you have cut it to the finest bone possible.

Just my opinion.

G

[Jenn! 918]

I can't remember exactl what the I-94 is like, but I remember my husband at least had an expiration for the EAD stamp on the I-94. I calculated from the start and end date, and it was 90 days including the end date. This would mean that the OP got married on the 91st day and is therefore outside of the requirement.

http://www.timeanddate.com/date/durationre...9&y2=2006&ti=on

[jen&darcy 0]

I can't imagine waiting until the last possible moment unless there is a very good explanation. I want to be married right after my fiance gets his SSN#. Why wait?

[kitkat1 5]

just curious - why are you going to wait until your fiance has his SSN to get married? I thought the SSN process takes quite some time. And most states don't require an SSN to get married?

[sarah and hicham 3]

I'm wondering why they waited so long? I personally wouldn't do anything that could get my fiance sent back yipes!

Good luck