Fiancee overstay

[payxibka 10,045]

You shoud definitely head to a courthouse before December 3rd and have a civil ceremony. It's the only way to avoid problems. That won't stop you from having whatever ceremony you've planned for January.

~ Catherine

That is certainly the path of least resistance.... If they do not however, it is not the end of the world.............

[Marmite Lovers! 0]

Go the the court house get the legal bit out of the way!! We are not telling anyone what day. Then next year....will have the big wedding day celebration!!

If you Fiance leaves the USA before you get married you WILL have to start again...thats if they give you the chance again.

Also, one your married and she wants to leave the USA she will have to get Advanced Parole in order to get back into the USA.

[MIDUVIL 34]

Hello,

It's seems me that you talk about the I-94 whose the validity is the 3rd of december.

One thing, you have to marry before this date. It's an obligation.

After, you have to adjust status.

It's the process.

You can't marry legally in january, because if they catch her, she will have to go back to her country.

If you do it, you have to start again all the process about adjusting I-130 (they already gave you this information).

In conclusion, you have no choice.

You are forced to get married before the 3rd of december ( and not '' My fiancee is due to leave on December 3rd'')

And she can't go anywhere (outside Usa) now, before adjusting status (AOS), if she plans to go outside USA before receiving the AP (after sending AOS package), she can't go back in USA , and you will have to satart again all the process.

Good luck

[Mike11 0]

Hello,

It's seems me that you talk about the I-94 whose the validity is the 3rd of december.

One thing, you have to marry before this date. It's an obligation.

After, you have to adjust status.

It's the process.

You can't marry legally in january, because if they catch her, she will have to go back to her country.

If you do it, you have to start again all the process about adjusting I-130 (they already gave you this information).

In conclusion, you have no choice.

You are forced to get married before the 3rd of december ( and not '' My fiancee is due to leave on December 3rd'')

And she can't go anywhere (outside Usa) now, before adjusting status (AOS), if she plans to go outside USA before receiving the AP (after sending AOS package), she can't go back in USA , and you will have to satart again all the process.

Good luck

Thanks all...I guess courthouse marriage it is

[Stuart n Courtney 0]

Mike11 I see your timeline hasn't been updated since April this year when you got NOA2. Please update so that other people can get more accurate estimates for their own timelines. It is important to a lot of people and from what I read your fiance already has K1 visa approved!!

Thanks

Stuart

Edited October 10, 2008 by Stuart n Courtney

[ManuFred 10]

You shoud definitely head to a courthouse before December 3rd and have a civil ceremony. It's the only way to avoid problems. That won't stop you from having whatever ceremony you've planned for January.

~ Catherine

Exactly, you can do your wedding ceremony whenever you want as long as you are legally married within 3 months. If you do it really fast you can apply for AOS+AP+EAD and have your AP before you leave in December. This is not guaranteed but you might have a chance if you file asap.

Edited October 11, 2008 by ManuFred

[spookyturtle 9,466]

Hello,

It's seems me that you talk about the I-94 whose the validity is the 3rd of december.

One thing, you have to marry before this date. It's an obligation.

After, you have to adjust status.

It's the process.

You can't marry legally in january, because if they catch her, she will have to go back to her country.

If you do it, you have to start again all the process about adjusting I-130 (they already gave you this information).

In conclusion, you have no choice.

You are forced to get married before the 3rd of december ( and not '' My fiancee is due to leave on December 3rd'')

And she can't go anywhere (outside Usa) now, before adjusting status (AOS), if she plans to go outside USA before receiving the AP (after sending AOS package), she can't go back in USA , and you will have to satart again all the process.

Good luck

Not correct. If you marry after the I-94 expires, then you must file the I-130 along with the I-485 to adjust status.

You do not have to adjust status after you marry, even if you marry within the 90 days. He does have a choice.

[MIDUVIL 34]

Not correct. If you marry after the I-94 expires, then you must file the I-130 along with the I-485 to adjust status.

You do not have to adjust status after you marry, even if you marry within the 90 days. He does have a choice.

????

sorry i don't understand. I'm not sure to understand what you wrote. And, I don't know also the details of the process about the I-130.

But i know that it's better to adjust status- (to have your EAD, AP, green card and later for citizenship) for the K1.

He has the choice to marry after the 3rd of december, yes. But it's a risk, if they catch her between the 4rd of december and january (''before adjustment of status'') that she will have to go back to her country.

It's that i wanted to tell.

After the ''january wedding'' he can adjust status (i don't really know if it's an option or an requirement - and I don't really know if it's ''adjust status'' that i have to use) with the I-130, and pay, pay and pay again for this process. But, pay again will disturb me.

Yes, he has a choice, but there are also some risky choice in life, some prudent choice and some clever choice.

When i talked about ''no choice'' it was to tell, what is the clever and safe choice you can do in this situation?.

Edited October 11, 2008 by MIDUVIL

[Kathryn41 3,205]

[name=MIDUVIL' date='Oct 11 2008, 10:20 AM' post='2294465]

Not correct. If you marry after the I-94 expires, then you must file the I-130 along with the I-485 to adjust status.

You do not have to adjust status after you marry, even if you marry within the 90 days. He does have a choice.

????

sorry i don't understand. I'm not sure to understand what you wrote. And, I don't know also the details of the process about the I-130.

But i know that it's better to adjust status- (to have your EAD, AP, green card and later for citizenship) for the K1.

He has the choice to marry after the 3rd of december, yes. But it's a risk, if they catch her between the 4rd of december and january (''before adjustment of status'') that she will have to go back to her country.

It's that i wanted to tell.

After the ''january wedding'' he can adjust status (i don't really know if it's an option or an requirement - and I don't really know if it's ''adjust status'' that i have to use) with the I-130, and pay, pay and pay again for this process. But, pay again will disturb me.

Yes, he has a choice, but there are also some risky choice in life, some prudent choice and some clever choice.

When i talked about ''no choice'' it was to tell, what is the clever and safe choice you can do in this situation?.

Just a quick clarification of the processes:

If you enter the country with a K-1 visa, you have to get married within 90 days in order to adjust status from a non-immigrant K-1 to a permanent resident immigrant (AOS I-485). There is no deadline on when you need to file to adjust status, but the foreign spouse will be out of status from the time the I-94 expires until the time the AOS is accepted and that can have some potentially serious problems for the foreign spouse.

If you enter the country with a K-1 visa and do not get married within the 90 days, you can no longer adjust status from a non-immigrant to a permanent resident immigrant based on the K-1 visa. The American spouse needs to file a sponsorship petition called the I-130, used to sponsor family members. This is filed concurrently with the I-485 AOS but is adjudicated first as it provides the grounds on which the status can be adjusted.

Everyone who enters the country on a K visa needs to apply to adjust status in order to be allowed to live in the US on a permanent basis. While there is no deadline requirement by which to apply, it is better to do it sooner rather than later as the person is then in the US without legal status.

The ideal solution to the OPs dilemna is to have a quick courthouse legal wedding before the I-94 expires and then their lovely big family wedding in January. Their legal marriage date will be the courthouse marriage date but for all other purposes, they can celebrate their January date as their wedding day.

If they do not have a legal wedding before the I-94 expires and they wait until January, the foreign partner will collect between 30 to 60 out of status days, which will be forgiven when the AOS is approved. Until then, she may be hassled if she leaves the country on an AP as to why she did not honour the K-1. Some border guards are real S.O.Bs about such matters. If she doesn't leave the country before she recieves her AOS she should have no problems.