marrying or filing within 90 days... which is which?

[FCH 1]

ive read many posts and heard many opinions...

so which is which?

on a K1 visa, already in the US... the couple has to marry within 90 days? or marry and file within 90 days?

ive been told to just marry in 90 days and file asap. if filing is beyond 90 days, its not much of a problem. as long as the couple has married in 90 days.

but ive also heard that both marrying and filing should be within the 90 day period.

your answers and opinions are greatly welcome and much appreciated.

thank you.

[Nagishkaw 510]

The K-1 visa is only good for 90 days after your fiance arrives into the US. It is better to marry AND file within the 90 days.

Edited April 21, 2009 by Nagishkaw

[msu17 0]

There is no required file by date for AOS, so yes you can file after the 90 days. However, once the 90 days are up, you are technically out of status. It's safest to just file before the 90 days are up, but if for whatever reason you can't, the vast majority of the time there is no harm. It is just if someone asks about your status after the 90 days are up that you can get into trouble if you havent filed.

[English Muffin 59]

Moving to 'Adjusting Status from Family Based Visas' forum.

[Nik+Heather 121]

The K-1 visa is only good for 90 days. It is better to marry AND file within the 90 days.

Seconded.

Don't stress yourself out due to poor planning. Arrive a reasonable time before your wedding such that you can apply for your SSN, get your certificate, marry, get your certified copy of your marriage cert in the mail (change your name?) and send off your AOS package. It's a lot to do, so be prepared!!

Don't procrastinate on these tasks and shoot yourself in the foot. This is important, make it a priority in your life.

I've read that the technical answer is to only be married w/in 90 days, but this is NOT the recommended method for those who still have control of the situation.

Being out of status can create problems for a person - There are some states/cities where I would not want to be out of status, that's for sure!

[baron555 934]

However, you don't want to be out of status for a long time as that could affect things later.

We're planning on marrying and filing with the 90 days window.

Marriage will be at the county courthouse; the special ceremony will come later.

[Bobby+Umit 161]

ive read many posts and heard many opinions...

so which is which?

on a K1 visa, already in the US... the couple has to marry within 90 days? or marry and file within 90 days?

ive been told to just marry in 90 days and file asap. if filing is beyond 90 days, its not much of a problem. as long as the couple has married in 90 days.

but ive also heard that both marrying and filing should be within the 90 day period.

your answers and opinions are greatly welcome and much appreciated.

thank you.

The K-1 is a one use only visa. Once you enter the US - that is it. Your length of stay after entry is 90 days.

The K-1 is normally valid for six months after your receive it.

What Must Happen After Getting the Fiancé(e) Visa?

After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancé(e)’s entry into the United States.

After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.

Visa for Fiancé(e)

As pointed out above, if you do not AOS before your authorized stay expires (90 days), you are technically out of status, and that can cause problems sometimes. (mostly with ICE).

There is a post here where the USC and his new wife were stopped by ICE at a checkpoint and were given a very hard time because they did not have the NOA for the AOS.

So, get that AOS in before you go out of status.

Edited April 21, 2009 by Bobby_Umit

[YuAndDan 153]

The marriage MUST happen within 90 days of entry. AOS needs to be filed for soon after marriage but can be filed outside the 90 days, many do because it can take time to get a marriage certificate in some parts of the USA, that is required to file AOS.

NOTE THIS IS A FAQ. http://www.visajourney.com/faq/k1k2visa-aos.html#6.1 (IT GETS ASKED EVERY DAY)

[FCH 1]

thank you for all the replies.

we got married way beyond the 90 days. but i was concerned about filing. i dont think the papers will be ready by the end of 90 days or a little over the 90. but of course we will try our very best to keep it within.

but just in case it dont, i wanted some two cents.

thank you all so much.

[YuAndDan 153]

thank you for all the replies.

we got married way beyond the 90 days. but i was concerned about filing. i dont think the papers will be ready by the end of 90 days or a little over the 90. but of course we will try our very best to keep it within.

but just in case it dont, i wanted some two cents.

thank you all so much.

Filing outside the 90 days is not a problem. The only problem you may have is if you encounter a CBP officer while you are out of status they can detain you.

Also if you wait longer than 180 days past I-94 expiration then DO NOT plan on traveling and using an AP document, having 180 days or more out of status will get you bared from re-entry even with an AP document in hand.

[FCH 1]

thank you for all the replies.

we got married way beyond the 90 days. but i was concerned about filing. i dont think the papers will be ready by the end of 90 days or a little over the 90. but of course we will try our very best to keep it within.

but just in case it dont, i wanted some two cents.

thank you all so much.

Filing outside the 90 days is not a problem. The only problem you may have is if you encounter a CBP officer while you are out of status they can detain you.

Also if you wait longer than 180 days past I-94 expiration then DO NOT plan on traveling and using an AP document, having 180 days or more out of status will get you bared from re-entry even with an AP document in hand.

my bad.

i meant we got married within the 90 days. got here in march and married 2 weeks after.

but the papers might take a little over 90 days. is that ok?

[YuAndDan 153]

Filing outside the 90 days is not a problem. The only problem you may have is if you encounter a CBP officer while you are out of status they can detain you.

Also if you wait longer than 180 days past I-94 expiration then DO NOT plan on traveling and using an AP document, having 180 days or more out of status will get you bared from re-entry even with an AP document in hand.

my bad.

i meant we got married within the 90 days. got here in march and married 2 weeks after.

but the papers might take a little over 90 days. is that ok?

You will be fine.