Marriage after 90 days with k1 visa

[TracyTN 237]

While you cannot adjust status based on the K1, you can adjust status by concurrently filing the I-130 just like anyone else already in the U.S. overstaying a nonimmigrant visa. The additional restriction of the K-1 entry is that status adjustment is limited by requiring that the adjustment be based on marriage to the K-1 petitioner even if you are now using the I-130 as the basis of adjustment following the marriage.

[pushbrk 12,999]

They have not dug a hole. Marriage outside the 90 days occurs. USCIS requires that a new petition for the spouse be filed concurrently with the adjustment of status when that occurs.

Absolutely. Provided she has remained in the US the entire time, they can simply get married and file the I-130 and I-485 concurrently as described in the AOS guide.

[Kathryn41 3,205]

Duplicate thread moved form K-1 forum, merged with existing thread in AOS from a family based visa forum and duplicate post removed.