Marriage and AOS, But AFTER the 90days..........

[Moomin 292]

pressured by the system

Errr

Perhaps we were to keen to apply for the visa

Bingo.

I disagree but completely understand why it seems this way though My point of it is it's not illegal to get married in the US while on a tourist visa/VWP, you can keep visiting for as long as you'd like before jumping into marriage, then get married, return and do the spousal visa. If your overstay now you cannot use VWP and you've already shown you wish to immigrate so tourist visa isn't in your favour.

If you haven't gotten to US yet I'd suggest postponing it until you know for sure(K1 visa is valid for about 6 months depending on the medical mostly). If money isn't an issue, have your fiance come visit you in those months in between to spend more time together.

Edited July 11, 2011 by moomin

[bigdog 376]

Ok, so i know this isnt ideal, nor right really after all we all go through. But due to cold feet/uncertainties over marriage i need to ask this question.

What happens if we did not marry within the 90 days, could we still marry a couple months after, obviously if i didnt leave the USA?

Ive read about filing the I-130 along with I-485 to enable this to happen. Is this true??

What problems may it cause in the future, if any?

Thank you for all your help in advance...

Im just considering every angle at the minute.

Ben

I think you will need a I-130/I-485 filed concurrently, maybe a redo on your medical and you know a interview will follow. Of course more money.

[Barbara J 115]

As you said Ben maybe you rushed into the fiance visa too quickly. If so and you are not sure about marriage then as said before k1 visa is valid for 6 months so you need to make sure this is what you really want. If you do come earlier rather than later and you do not marry within 90 days then you have violated the K1 rules and would have to leave before the 90 days are up. You need to make sure thats this is what you want as it is a lot of money to spend when you are not sure. I hope you can get his sorted for yourselves

Edited July 12, 2011 by Barbara J

[Kathryn41 3,205]

There is some misinformation in some of the answers in this thread.

Bascally, a K-1 visa allows you to enter the US for the express purpose of marrying a US citizen in the US. The condition of the K-1 is that you have to marry within 90 days in order to adjust status based upon the K-1 visa status. If you do not get married within the 90 days - your legal status in the US as indicated on the I-94 entry/exit visa document that you get when you enter the US - expires and with it your eligibility to adjust status from the K-1.

If you marry your K-1 sponsor after the 90 days you can no longer adjust status from the K-1 status as that has expired, however, you are allowed to adjust status based upon your relationship to a US citizen - your spouse. This is the same option that those who are in the US on a visitor visa, a student visa or a work visa use who marry a US citizen while they are here and wish to adjust status from within the US. Your spouse initiates the process by providing evidence of your eligibility to adjust status based upon a family relationship. This is done with the I-130 petition which basically replaces the I-129f filed for the K-1. Along with your spouse's I-130 petition, you would include in the same package your I-485 application requesting adjustment of status based on family eligibility, along with all of the relevant supporting documents, the same as if you had applied as a K-1. There is an additional fee required for the I-130 petition.

If the medical exam you had for the K-1 visa is less than a year old when you file for the AOS, then it should still be valid, although USCIS may request an additional medical. From the time your I-94 expires to the time the AOS package is accepted by USCIS you will be out of status. If you acquire 180 days out of status before you file, then you would incur a 3 year ban upon returning to the US IF you left the US before the AOS is approved. If you acquired a year of out of status time before you file, then you would incur a 10 year ban upon returning to the US IF you left the US before the AOS is approved. Basically this means that there would be no point in applying for an Advanced Parole travel document with the AOS as you would be given it but could not use it. As long as you remain in the US no ban will occur and the out of status time will be forgiven when the AOS is approved.

Being out of status at any time, however, isn't a good idea as you can be deported if you are identified as such by immigration. The chances that they would seek you out to deport you are slim, however, if you encountered them during a routine border patrol, or routine traffic stop in some States and were unable to prove your legal status in the US the risk is great that you would be taken into custody. It is reasonable that you may be given the opportunity to file the AOS by an immigration judge at a deportation hearing since you did enter with a legal visa for the purposes of getting married and did eventually marry although not within the visa specified time-frame, but that would be up to the judge.

Ideally, you should use the 6 month validity of the K-1 to decide if you are or are not ready to make this next step. If you are, then use the visa and enter the US. You will then need to marry within 90 days to fulfill the terms of the visa. If you are not ready, then the decision is up to you about what to do next.

Good luck.

[Anh map 2,098]

Thank you!!

The money isnt really an issue. Not totally rushing into a pressured marriage (pressured by the system, not each other) and being happy long tem is more important.

Perhaps we were to keen to apply for the visa, but we have, and im just exploring all the avenues right now. I would think what i will more likely do is go over for 90days and if its not right and ready ill leave and come back to the UK and hopefully apply again in the future.

You are seeking a visa with the clear terms that you marry within 90 days. You can assign no blame to "the system." This is a choice that the two of you are making freely. Any possible repercussions are your own fault.

Another aspect that may or may not impact your lives is the inability of the immigrant to work until the Adjustment of Status (or Employment Authorization) is granted. If you need two incomes soon after US entry then a K1 may not be the best choice.

[yohino 22]

I'm sorry if this come off the wrong way but, the K1 is not a "let's see what happens" visa. It is for 2 people that are without a doubt sure that they want to get married and spend the rest of their life together. The stipulation is that you get married within 90 days of entering the US. Those days isn't for figuring anything out relationship-wise , or making sure of anything, days, (you should already know that) it's wedding planning days.

If you don't get married within the 90 days, but eventually do, you'd do a concurrent I-130/I-485 filing, and if you don't get married, you should leave before those 90 days are up, or the option of ever visiting the US on the VWP are pretty much done.

[menina 50]

Is there any way she can spend some time with you in the UK? That would give you a chance to be together for a little while before you actually enter the US. Then you don't need to worry about not meeting the terms of the visa so quickly. As has been mentioned, you have 6 months after receiving the visa to enter the US. Why not use that time in your country to be sure that marriage is really what you want to do? This process is incredibly stressful, and you may find that once the interview is over, a lot of the pressure is off and you will feel better about things. My (now) husband and I were sure that we wanted to marry and went with the K1. We were both feeling alot of pressure because of the 90 day deadline, but he spent another 2 months in his country after the interview wrapping up things with his job and preparing to move to the US. After he arrived, we waited another month and a half to get married. It wasn't about being sure, it was more about giving us some time to be together and more relaxed with the pressure of the visa process off of us. Just some ideas for you that might help her not to feel so rushed. Good luck to you!

[Aztec&Taino 144]

An additional point that I would like to make -and I do not think any other member has addressed it- is that the OP would not be allowed to work. Remember that this is one of the major pitfalls of the fiance(e) visa; until after you marry and the foreign spouse receives the EAD he or she is not allowed to work. Also, as others have mentioned, since you would be out of status you would tecnnically be deportable -even if it isn't likely that ICE would hunt you down. You would also not be able to obtain a US driver's license once you would be out of status. Basically, you would be living the life of the undocumented (illegal) alien; a life of fear of being caught and lack of opportunity. No fun. As others have suggested, you could wait out after being granted the visa just to make sure you want to go through with the marriage. Besides, you will have up to 90 days of living together and still be able to leave -without violating any immigration laws- if you decide not to get married.

Best wishes!

[BenjAshley 7]

I am fully aware this is not a period for trial, and believe me when we applied for the visa in january we were happy to marry. But it is not un human to have cold feet about marrying.

After exploring my options i will not be overstaying, no way!!! But i think ill either go out there in October and if we do not marry within 90 days ill return home and see where we go from there.

Thank you for all your responses. I am very grateful for each of them.

Ben

[Channah&Aaron 51]

If your main concern is that you/she may not be ready within those 90 days, you need to remember that you have 6 months after the visa is approved to enter the U.S. Personally, I wouldn't POE until you are both sure of what you want...

I totally agree... you have in total 6 more months to make sure whether you both are ready or not!!

Good luck

Edited July 12, 2011 by Channah&Aaron

[Brit Abroad 166]

Is it cold feet about the marriage itself, or cold feet about the change of location and all it entails?

Like you, I had quite a few doubts before I left Blighty - none of them tied to my husband. We share a common language with Americans, but that's about it. The culture, the food, the terminology, the jokes, beer and pubs, healthcare, driving on the wrong side of the road, television, the vernacular .... and that's before the loss of family and friends physically in our lives every day/week/month. Everything is different, and it can take a while to get your head round those differences. Some take to it easily, and others need to be very certain they are in the RIGHT relationship in order to make those changes worthwhile (or at least worth putting up with until we get used to a new way of life).

Many people don't give much thought to life beyond getting the fiance(e) visa and being reunited with a lover, therefore they only discover this deep-rooted sense of trepidation and loss of all that's familiar and comfortable once they arrive on America's shores.

Realistically, you're making a life changing decision in getting married. You're making a second one in emigrating to live with the new spouse.

Won't lie to you, there will be days when you think "why the hell did I do this?" and you may find it raises issues between you and your partner but, if you love her and she loves you, you'll get past it and be happy.

Good luck to you, Benj.

Edited July 12, 2011 by Brit Abroad

[Adil & Jeanne 296]

I must say that the worst thing you are doing to yourself is 1) marrying if you are not sure it is right for you and 2) getting into the area where you will pay a huge fee to file the neccessary papers to do the I-130 and AOS and the attorney you will need to keep the immigrant in the US. Trust me this will not be a cheap way to go.

[BenjAshley 7]

Im sorry if i have been unclear, but it is ashley (usc) who has the doubts, and yes they are simply down to marriage. Nothing else, we are awesome together, but the fact we have to marry is scaring her i think, mainly as she will lose her 'freedom' i guess. She is very independantm and like i said earlier, went through a rough devorce with her parents. So the last thing she wants is, is it was to go wrong in a few years is a devorce. But my view is, why think the worst, we are v good together and it most likely wont even be an issue!!

[Moomin 292]

Im sorry if i have been unclear, but it is ashley (usc) who has the doubts, and yes they are simply down to marriage. Nothing else, we are awesome together, but the fact we have to marry is scaring her i think, mainly as she will lose her 'freedom' i guess. She is very independantm and like i said earlier, went through a rough devorce with her parents. So the last thing she wants is, is it was to go wrong in a few years is a devorce. But my view is, why think the worst, we are v good together and it most likely wont even be an issue!!

I see you've started a new thread and just wanted to say it's great you're figuring out a solution together, and it's not all black and white/everything vs. northing. So, so much respect for that. Good luck with the embassy.