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Filed: K-1 Visa Country: Colombia
Timeline
Posted

Sorry for the confusing title, I just didn't know how to break down my question in an easy way :innocent:

My question is this: You have three months to get married. After you get married you need to submit your marriage license and some other forms before those three months are over to get on with the next step. So how much time does it take to process and recognize that you've sent it? I.e. if I got married a week before the three months are up, is that enough time?

My issue is we've already booked our wedding date in October, but if we happen to get a miracle and actually get our visa "on time" then we would be pushing the three months... I am banking on a delayed visa from just reading what folks on here are experiencing but I'd hate to get the visa on time and have to delay her coming hahaha...

Thanks in advance and hope it's OK to post this in this forum!

Posted

The requirement is that you get MARRIED within the 90 days...you can do AOS anytime after then. Preferably you should do it soon after because the longer you take the longer it takes for your fiance to become a permanent resident. Also, remember that after the visa is issued there is a 6 month window in which the visa holder has to travel. If you feel you are going to cut it close to the 90 days just wait a couple of weeks for your fiance to come into the US and "activate" the 90 day marriage period.

AOS Journey

6.25.2014 Sent off I-130 and I-485 (Day 0)

6.27.2014 Package Delivered to Chicago Lockbox (Day 02)

7.2.2014 Text Messages/Emails Received (Day 07)

7.7.2014 NOA1 Recv'd w/ June 30th Priority Date (Day 12)

7.12.2014 Recv'd Biometrics Appt Letter for 7.25.2014 (17)

7.14.2014 Early Biometrics Walk-In (Bronx ASC- gave us hard time and made us wait an hour and a half just to receive a number but we got it done) (Day 19)

7.29.2014 Status changed to "Testing and Interview" (no text or email notification) (Day 34)

8.28.2014 Received Text/Email "Card/Document Production" (Day 64 (Day 59 from Priority Date))

9.5.2014 Received Text/Email that EAD card has been mailed (Day 72 (Day 67 from PD))

9.8.2014 EAD Card received!! (Day 75 (Day 70 from PD))

9.12.2014 Applied for SSN (Day 79 (Day 74 from PD))

9.18.2014 Received SSN (Day 85 (Day 80 from PD))

10.08.2014 Received Interview Date for Nov 14th!! (Day 105 (Day 100 from PD))

11.14.2014 Interview Date!!! (Day 142 (Day 137 from PD))

Posted

Sorry for the confusing title, I just didn't know how to break down my question in an easy way :innocent:

My question is this: You have three months to get married. After you get married you need to submit your marriage license and some other forms before those three months are over to get on with the next step. So how much time does it take to process and recognize that you've sent it? I.e. if I got married a week before the three months are up, is that enough time?

My issue is we've already booked our wedding date in October, but if we happen to get a miracle and actually get our visa "on time" then we would be pushing the three months... I am banking on a delayed visa from just reading what folks on here are experiencing but I'd hate to get the visa on time and have to delay her coming hahaha...

Thanks in advance and hope it's OK to post this in this forum!

That 3 months is only the time frame that u should get married after she gets here. After u get married yes u should file Adjustment of Status but that should be before her I-94 expires..there is no time limit as to when u get the green card..what is important is u have filed for the adjustment of status(next step) within the time alloted.

Posted
The requirement is that you get MARRIED within the 90 days...you can do AOS anytime after then

I wouldn't say it like that.

Your status is controlled by the I-94 - which for a K-1 entry, will have 90 days. After that, you are out of status if you haven't applied for the AOS.

Being out of status means ICE can pick you up and deport you, regardless of your marriage or previous visa. (worst case) - I have read cases where this has happened, to the point where the couple were sitting in ICE custody for a while. (In Texas)

If you go over 180 days, you can suffer a ban if you leave the US with an AP (yes, even if the AP is given to you, the ban would kick in on your return to the US)

So it is implied that you will AOS during that period.

Play it safe and protect your status - AOS prior to going out of status.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Mentioned by the second poster is that you have six months from the time K-1 visa is issued to travel to USA and use it. So if the visa were issued May 20, 2011, the intending immigrant could arrive in September, marry in Oct. and file in Nov. with 30 days or more until the I-94 expires.

 
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