getting married after K-1 expires

[Knoll 1]

What happens if I marry my fiance after her K-1 visa expires? I was reading that you can technically marry within 6 months after her K-1 expires but you would have to file the I-130 along with the I-485. meaning that you can marry within this timeframe without permanent damage to both of you (if they order her to go home, for example, her and I can reapply in the futre for a K-1 with each other or someone else). Am I understanding this correctly?

Thanks

[sj5 4]

I'm not sure what you're talking about.

[Old Dominion 26]

What happens if I marry my fiance after her K-1 visa expires? I was reading that you can technically marry within 6 months after her K-1 expires but you would have to file the I-130 along with the I-485. meaning that you can marry within this timeframe without permanent damage to both of you (if they order her to go home, for example, her and I can reapply in the futre for a K-1 with each other or someone else). Am I understanding this correctly?

Thanks

If the two of you really intend to marry, what's the need for further delay? Marriages follow the laws of the various states and typically they only want her passport as ID. She is currently an illegal alien and can be deported. If you two are unsure about your future together, she should return home and you can start the USCIS process all over again. Otherwise, get the marriage over with and begin the AOS process (yes, since she is out of status, the I-130 will be required for a few hundred extra bucks). Once you get the NOA1 (receipt) she won't be deported while the AOS process is under way.

[Knoll 1]

I was reading that you can marry after the K-1 expires and that you have 180 days after the K-1 expiration date. The risk however, is that you are under more scrutiny to be "approved" after filing the I-130 and the I-485, and they may order her to return. If they order her to go home, it does not damage her or I permanently from re-applying for a K-1 in the future, or for her entering the US on another K-1. That said, they may accept the aplication too without any problems. Am I understanding this right?

Thanks.

[Knoll 1]

sorry all for this post. It was answered in one of my earlier topic posts, more or less. my apologies.

[sunandmoon 450]

It's the expiration of the I-94, 90 days after entry, which is the timeframe for you to get married on a K-1 Visa. If you get married after the I-94 has expired, then you need to submit a I-130 to adjust status.

[Dau_Que 0]

Marrying her AFTER the 90-day deadline is different from marrying her within the deadline but failed to file for her AOS before her 90-day K-1 Visa expires.

You will have to explain to the INS and be prepared to have good excuses why you two failed to get married within the requirement deadline (90 days).

Please do yourself a favor, consult an immigration lawyer. (in your case, the favor is for her, since you sound like she might want to come back to the States later on another K-1 Visa "With someone else" - Quote of your words. That indicates to the INS your K-1 case and marriage is a high-probability fraud).

Edited November 16, 2008 by DPNH

[pushbrk 12,901]

What happens if I marry my fiance after her K-1 visa expires? I was reading that you can technically marry within 6 months after her K-1 expires but you would have to file the I-130 along with the I-485. meaning that you can marry within this timeframe without permanent damage to both of you (if they order her to go home, for example, her and I can reapply in the futre for a K-1 with each other or someone else). Am I understanding this correctly?

Thanks

K1 expiration is a moot point. The visa is dead once you enter the US. So, I take it you're asking what happens if you don't marry within 90 days of entry, when the I-94 expires. There is no specific time frame for this but you would marry and file the I-130 concurrent with the AOS filing. The foreign fiance would really want to avoid a 180 day overstay but there's only a penalty for that if the marriage and status adjustment never occur.

[Knoll 1]

thanks all. this is consistent with everything else I have read and heard.

But if she overstays her visa and we DON'T get married, then we both damage our chances in the future (me filing to bring someone here or here being able to enter the country for some time)? Is this true? Who gets "damaged" under this scenario or no one does? Thanks.

[pushbrk 12,901]

thanks all. this is consistent with everything else I have read and heard.

But if she overstays her visa and we DON'T get married, then we both damage our chances in the future (me filing to bring someone here or here being able to enter the country for some time)? Is this true? Who gets "damaged" under this scenario or no one does? Thanks.

Primarily she does but you could face additional scrutiny in the future as well. You definintely would need to request a waiver for any subsequent filing within two years.

[Brad and Vika 129]

Don't forget that during adjudication, she will be stuck here. I say this because I know a woman who had to wait three years to see her parents again because she blew a deadline. From posts I have read, that doesn't sound typical in cases like you propose here, but worth taking note.

Noll - it sounds like you are still considering forging ahead. Considering the support obligations and the state of affairs you described to me - please proceed with caution. I know you have a great deal invested, but you both also have a great deal to lose.