K1, AOS

[eclowjpd 0]

My fiancé is here on a K1, however we may be marrying after 90 day expiration of the K1, and filing for

the AOS later. I understand that once we are married, the fact that she was temporarily out of status

would be forgiven, however, for the AOS, will the immigration service accept any explanation for not

marrying before the K1 expired at 90 days, or will we have to provide an explanation that extenuating circumstances prevented us from marrying within 90 days?

Anyone experienced marrying after the 90 days?

[Kez/JWolf 6]

If you fail to marry before the 90 days then you will have to file for an I-130 along with your AOS or your wife will have to leave the country.... Please see this link for filing instruction http://www.visajourney.com/forums/index.ph...page=i130guide2

Could you not just get married at the townhall so that you are within the 90 days...

If she leaves the country you would have to start with a CR1/K3 to get her back here...

Hope this helps

Kezzie

[stinger157 0]

My fiancé is here on a K1, however we may be marrying after 90 day expiration of the K1, and filing for

the AOS later. I understand that once we are married, the fact that she was temporarily out of status

would be forgiven, however, for the AOS, will the immigration service accept any explanation for not

marrying before the K1 expired at 90 days, or will we have to provide an explanation that extenuating circumstances prevented us from marrying within 90 days?

Anyone experienced marrying after the 90 days?

According to U.S. INA Paragraph 214(d) the marriage has to take place within the 90 days or the non-citizen has to leave the country. You can file the AOS after the 90 days, but that does not mean the marriage can take place after the 90 days.

For that reason the visa is valid for 6 months.

So why don't you marry at the court house for now and have the official wedding ceremony later?

[jonty 0]

My fiancé is here on a K1, however we may be marrying after 90 day expiration of the K1, and filing for

the AOS later. I understand that once we are married, the fact that she was temporarily out of status

would be forgiven, however, for the AOS, will the immigration service accept any explanation for not

marrying before the K1 expired at 90 days, or will we have to provide an explanation that extenuating circumstances prevented us from marrying within 90 days?

Anyone experienced marrying after the 90 days?

Hello,

If you choose to marry your fiancee after the 90 day limit, she will go out of status and will need to leave the US. Then again you need to file for he K-3 visa to her again back to the US. Theimmigration service wil not listen to any of your reasons and there is no legal way to extend the 90 day period. You have to get married within that 90day window.

[LaL 418]

If you choose to marry your fiancee after the 90 day limit, she will go out of status and will need to leave the US. Then again you need to file for he K-3 visa to her again back to the US. Theimmigration service wil not listen to any of your reasons and there is no legal way to extend the 90 day period. You have to get married within that 90day window.

bolded section not accurate as other posters have advised above. They can choose to do a number of things that have already been discussed, again, above.

Edited October 6, 2006 by lal_brandow

[YuAndDan 153]

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

VJ FAQ page http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

My fiance and I are planning on getting married at the county court house, and then take our time planning a wedding ceremony.

[eclowjpd 0]

Yes, incorrect. I would not tell someone that they have to leave the U.S. unless I was dead certain of such a statement.

If you choose to marry your fiancee after the 90 day limit, she will go out of status and will need to leave the US. Then again you need to file for he K-3 visa to her again back to the US. Theimmigration service wil not listen to any of your reasons and there is no legal way to extend the 90 day period. You have to get married within that 90day window.

bolded section not accurate as other posters have advised above. They can choose to do a number of things that have already been discussed, again, above.

[Maples 1]

My fiancé is here on a K1, however we may be marrying after 90 day expiration of the K1, and filing for

the AOS later. I understand that once we are married, the fact that she was temporarily out of status

would be forgiven, however, for the AOS, will the immigration service accept any explanation for not

marrying before the K1 expired at 90 days, or will we have to provide an explanation that extenuating circumstances prevented us from marrying within 90 days?

Anyone experienced marrying after the 90 days?

I seriously can't understand why people don't get married within the required 90 days, although they signed the statement, that they will get married within 90 days after entering the US.

Why would you risk anything after all the effort you have been through?

[isleta521 5]

My fiancé is here on a K1, however we may be marrying after 90 day expiration of the K1, and filing for

the AOS later. I understand that once we are married, the fact that she was temporarily out of status

would be forgiven, however, for the AOS, will the immigration service accept any explanation for not

marrying before the K1 expired at 90 days, or will we have to provide an explanation that extenuating circumstances prevented us from marrying within 90 days?

Anyone experienced marrying after the 90 days?

I seriously can't understand why people don't get married within the required 90 days, although they signed the statement, that they will get married within 90 days after entering the US.

Why would you risk anything after all the effort you have been through?

Have to totally agree!! Why?!

[stinger157 0]

Yes, incorrect. I would not tell someone that they have to leave the U.S. unless I was dead certain of such a statement.

If you choose to marry your fiancee after the 90 day limit, she will go out of status and will need to leave the US. Then again you need to file for he K-3 visa to her again back to the US. Theimmigration service wil not listen to any of your reasons and there is no legal way to extend the 90 day period. You have to get married within that 90day window.

bolded section not accurate as other posters have advised above. They can choose to do a number of things that have already been discussed, again, above.

This statement is backed up by a law. See above for the law.

And a might be forgiven doesn't guarantee that it will be forgiven. It always depends on the circumstances.

[ChristinaM 0]

I believe there to be a part of the law that states that overstays will be forgiven on successful AOS, not might be. I'm too tired to find it now, but I hope someone who knows exactly where it is stated will come along and fill in the blank.

Technically, a K1 who is married but is beyond the 90 days allowed on the I-94 is also out of status and should, by the same rationale, leave the country and apply for a K3 or CR1. However, there are numerous people on this board who have submitted their AOS paperwork beyond this time - some YEARS so. These people are just as out of status as those who do not marry within the timeframe of their K1, their adjustment process is just different.

[stinger157 0]

I believe there to be a part of the law that states that overstays will be forgiven on successful AOS, not might be. I'm too tired to find it now, but I hope someone who knows exactly where it is stated will come along and fill in the blank.

Technically, a K1 who is married but is beyond the 90 days allowed on the I-94 is also out of status and should, by the same rationale, leave the country and apply for a K3 or CR1. However, there are numerous people on this board who have submitted their AOS paperwork beyond this time - some YEARS so. These people are just as out of status as those who do not marry within the timeframe of their K1, their adjustment process is just different.

The big difference that a K-1, who married before the 90 days were over, is in compliance with the law. Someone who doesn't marry within the 90 days granted through the K-1 status is not in compliance with the law and has to leave the country. Based on U.S. INA § 214(d).

Technically the big difference is made by the point when the marriage is taking place. The paperwork isn't relevant in this specific matter, but it is the marriage that counts.

Edited October 6, 2006 by stinger157

[ChristinaM 0]

No, technically, once one has reached the end of the 90 days, their status expires. Until the paperwork for the corresponding AOS is filed, they remain out of status. The K1 who marries within the 90 days but does not file for AOS for two years is just as out of status as the one who does not marry within the 90 days.

The difference is that the one who married within the 90 days can file for AOS on the basis of the I-129F they filed (which is NOT the same as the K1 visa, it is simply the petition), whereas one who marries outside of that 90 days must file an I-130 (Immediate Relative) petition also, because they are not eligible to do undertake AOS based on the I-129F petition.

[Yodrak 7]

stinger,

Where did you get this bit of mis-information - the part about why the visa is valid for 6 months?

What does being able to apply for adjustment more than 90 days after entry have to do with the period of validity of the visa? The visa has limited value only in narrow and unusual circumstances after entry, and has no value at all (other than as a momento) once the marriage takes place.

Yodrak

According to U.S. INA Paragraph 214(d) the marriage has to take place within the 90 days or the non-citizen has to leave the country. You can file the AOS after the 90 days, but that does not mean the marriage can take place after the 90 days.

For that reason the visa is valid for 6 months.

...

[ChristinaM 0]

(g) Nonimmigrant visa void at conclusion of authorized period of stay

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part III > § 1202

(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

http://www4.law.cornell.edu/uscode/html/us...02----000-.html

Which means a K1 (non-immigrant visa, remember) outside of the date on their I-94 - married or not - is out of K1 status. As such, they are no better off than the K1 who marries on the 91st day - both are out of status.