90 day requirement

[Devkpaik 1]

Here's an interesting question for you guys.

So while the K1 requirement is to get married WITHIN 90 days, what exactly does this include?

For example, is the requirement to simply get married, then wait to adjust status? For example, say your fiance's k1 expires on december 15th, and today is the 12th. If you were to get married TODAY by a judge, would that satisfy the requirement of getting married within the 90 days, or does getting married include also sending in the marriage certificate/license or whatever it's called to the USCIS? Because from what I understand, technically a marriage isn't really certified until it's registered at city hall or wherever they do this kind of stuff at.

Technically if your marriage certificate and paperwork filled out by the judge and the witnesses says you were married by the judge on the date before the K1 expires, does this satisfy the requirement?

This has been a question that I've been wondering about.

[Devkpaik 1]

Here's an interesting question for you guys.

So while the K1 requirement is to get married WITHIN 90 days, what exactly does this include?

For example, is the requirement to simply get married, then wait to adjust status? For example, say your fiance's k1 expires on december 16th, and today is the 13th. If you were to get married TODAY by a judge, would that satisfy the requirement of getting married within the 90 days, or does getting married include also sending in the marriage certificate/license or whatever it's called to the USCIS? Because from what I understand, technically a marriage isn't really certified until it's registered at city hall or wherever they do this kind of stuff at.

Technically if your marriage certificate and paperwork filled out by the judge and the witnesses says you were married by the judge on the date before the K1 expires, does this satisfy the requirement?

This has been a question that I've been wondering about.

I just realized this question might not be very clear. Basically, what I am asking is if you were to get married today on the 13th and your visa expires on the 16th, does this satisfy the requirement of getting married within 90 days? If you cannot file for AOS immediately, then are you finished with this requirement until it's time to file for AOS? Or are you supposed to send your marriage certificate/other documents somewhere else before you file for AOS?

[geezer 1]

Its the date of marriage stated on the marriage license.

[reeses16 8]

Yes, it should satisfy the requirement. The date on your marriage certificate will be the 13th. After you are married by a religious leader or justice of the peace (at location other than a courthouse) the marriage certificate must be filled with the court. You can wait and let them do it or do it yourself. If you do it yourself the same day, you can request and recieve certified copies the same day if you return the marriage certificate yourself.

As long as you filled within 90 days of entering the US you have met that requirement. Technically you are able to file AOS whenever. But its best to file immediately. If the I-94 is expired, and your SO is stopped for any reason it will take a lot of time and likely money to straighten out her immigration status.

[Devkpaik 1]

Yes, it should satisfy the requirement. The date on your marriage certificate will be the 13th. After you are married by a religious leader or justice of the peace (at location other than a courthouse) the marriage certificate must be filled with the court. You can wait and let them do it or do it yourself. If you do it yourself the same day, you can request and recieve certified copies the same day if you return the marriage certificate yourself.

As long as you filled within 90 days of entering the US you have met that requirement. Technically you are able to file AOS whenever. But its best to file immediately. If the I-94 is expired, and your SO is stopped for any reason it will take a lot of time and likely money to straighten out her immigration status.

Thanks for response. I'm a bit confused. You mentioned "as long as you filed within 90 days of entering the US you have met that requirement". Do you mean filed for AOS?

If you DO NOT file for AOS, but have gotten married by a judge in court two days before the 90 days are up, but do not have your certificate, then does that satisfy the requirement?

Also, for someone (and I looked in the guides, was not able to find anything about this) who has gotten married to their fiance two days before the 90 days are up, but haven't had their marriage certificate filed with the court and haven't adjusted status, what is the next step before adjusting status, or is there none? For example, before adjusting status, does one need to do anything with their marriage certificate? How does USCIS know you were married before the 90 days if you adjust status out of the 90 day timeframe? Do they simply rely on the marriage certificate date?

Thanks guys

[pushbrk 12,883]

Yes, it should satisfy the requirement. The date on your marriage certificate will be the 13th. After you are married by a religious leader or justice of the peace (at location other than a courthouse) the marriage certificate must be filled with the court. You can wait and let them do it or do it yourself. If you do it yourself the same day, you can request and recieve certified copies the same day if you return the marriage certificate yourself.

As long as you filled within 90 days of entering the US you have met that requirement. Technically you are able to file AOS whenever. But its best to file immediately. If the I-94 is expired, and your SO is stopped for any reason it will take a lot of time and likely money to straighten out her immigration status.

Thanks for response. I'm a bit confused. You mentioned "as long as you filed within 90 days of entering the US you have met that requirement". Do you mean filed for AOS?

If you DO NOT file for AOS, but have gotten married by a judge in court two days before the 90 days are up, but do not have your certificate, then does that satisfy the requirement?

Also, for someone (and I looked in the guides, was not able to find anything about this) who has gotten married to their fiance two days before the 90 days are up, but haven't had their marriage certificate filed with the court and haven't adjusted status, what is the next step before adjusting status, or is there none? For example, before adjusting status, does one need to do anything with their marriage certificate? How does USCIS know you were married before the 90 days if you adjust status out of the 90 day timeframe? Do they simply rely on the marriage certificate date?

Thanks guys

The date the legal marriage took place is what counts. That will be the date on any marriage certificate no matter how long it takes to get it back. However, it is not the expiration date of the K1 visa that counts. It's the 90 day expiration of the I-94. The visa dies peacefully the moment the passport is stamped at the POE regardless of its expiration date.

[desert_fox 32]

Getting married within the 90 limit imposed by a K-1 visa allows you to adjust status as a K-1....i.e. submit the 485...whether you do it 1 day after the wedding or wait 20 years...you adjust as a K-1.

Not getting married within the 90 days means you cannt adjust status as a K-1 and must submit the I-130, wait for approval and then submit the I-485.

[DanielParul 50]

The date the legal marriage took place is what counts. That will be the date on any marriage certificate no matter how long it takes to get it back. However, it is not the expiration date of the K1 visa that counts. It's the 90 day expiration of the I-94. The visa dies peacefully the moment the passport is stamped at the POE regardless of its expiration date.

Exactly.

[tallcoolone 102]

You don't have to be married by a judge.

Many type of people can legally marry you.....

[Beautiful_years 0]

Yes, it should satisfy the requirement. The date on your marriage certificate will be the 13th. After you are married by a religious leader or justice of the peace (at location other than a courthouse) the marriage certificate must be filled with the court. You can wait and let them do it or do it yourself. If you do it yourself the same day, you can request and recieve certified copies the same day if you return the marriage certificate yourself.

As long as you filled within 90 days of entering the US you have met that requirement. Technically you are able to file AOS whenever. But its best to file immediately. If the I-94 is expired, and your SO is stopped for any reason it will take a lot of time and likely money to straighten out her immigration status.

Thanks for response. I'm a bit confused. You mentioned "as long as you filed within 90 days of entering the US you have met that requirement". Do you mean filed for AOS?

If you DO NOT file for AOS, but have gotten married by a judge in court two days before the 90 days are up, but do not have your certificate, then does that satisfy the requirement?

Also, for someone (and I looked in the guides, was not able to find anything about this) who has gotten married to their fiance two days before the 90 days are up, but haven't had their marriage certificate filed with the court and haven't adjusted status, what is the next step before adjusting status, or is there none? For example, before adjusting status, does one need to do anything with their marriage certificate? How does USCIS know you were married before the 90 days if you adjust status out of the 90 day timeframe? Do they simply rely on the marriage certificate date?

Thanks guys

The date the legal marriage took place is what counts. That will be the date on any marriage certificate no matter how long it takes to get it back. However, it is not the expiration date of the K1 visa that counts. It's the 90 day expiration of the I-94. The visa dies peacefully the moment the passport is stamped at the POE regardless of its expiration date.

[Devkpaik 1]

Thanks everyone

[spookyturtle 9,465]

Did you get married yet?

[Thee_Rak 0]

Some of the answers here seem a bit, well, less than what I expected on this subject...

K1 "Visa" dies peacefully as it has been stated once the person enters the US using it. That's true. However to remain "in status" the person must marry a USC within 90 days. If you do that but then don't file AOS they will be "out of status" until they do file AOS. To not file for 20 years, as was suggested, is a really BAD idea. The person will be out of status and if they ever cross paths with the law will likely be deported (and the spouse could go to PRISON for immigration fraud).

Some things to keep in mind...

First - you can't change the name on your social security card without a certified copy of a "filed" marriage certificate.

Second - you can't change the name on the Social Security card within 14 days of the expiration date on the I-94 (meaning you have to do it after you have a "filed" marriage certificate but b/4 the expiration date on the I-94).

Third - can't file for Advance Parole or Employment Authorization until you file for AOS (can file at the same time as AOS but can not file for AP or EAD BEFORE you file for AOS) which means that the person will not be able to "legally" work or return into the US if they leave for any reason.

[j.kevs 0]

WHATS IMPORTANT IS YOU GET MARRIED IN 90 DAYS! THEN YOU CAN ADJUST STATUS ANYTIME AFTER THAT. JUST GATHER THE NECESSARY DOCUMENTS NEEDED.

nothing to worry for as long as you marry within the 90day period....

[candyace 0]

Don't forget that sometimes when you apply for the marriage certificate you have to wait 2-3 days before you are allowed to sign it and have it be legal. Therefore delaying your process even more (to make it within your 90 day limit)