K1, AOS

[LaL 418]

That is the whole difference, even I don't agree with someone filing for AOS after 90 days, you see my point where I accept an excuse under certain and strictly defined circumstances. Any other excuse is a truckload of BS.

that is your opinion though, not what the law states....

[Jenn! 918]

The main point is that if the OP marries outside the 90 days allotted on the K1 visa, they must also file an I-130 Immediate Relative petition in order to have some basis for and therefore complete the AOS, Jenn.

Thanks, Christina. I was just being facetious though. My point was is that there is a lot of misinformation being given out.

Hopefully the OP will consider the number of people who have given him one set of advice versus the other.

Abd BTW, ChristinaM is correct, as well as Kezzie, and Yodrak....

[ChristinaM 0]

I happen to agree with your reasoning, Stinger - I had no intention of getting married when I entered the US, and we managed to get married, file a K1, withdraw a K1 AND file for AOS before my I-94 expired!

However, I can understand that not everyone can do that, and making people aware of the options - which do, as you rightly state, skirt around the fringes of the law - is what we do on VJ.

I'm going out for dinner with my husband now - thank you for making me think on a Friday afternoon!

[stinger157 0]

That is the whole difference, even I don't agree with someone filing for AOS after 90 days, you see my point where I accept an excuse under certain and strictly defined circumstances. Any other excuse is a truckload of BS.

that is your opinion though, not what the law states....

*yawn* That is right, that is my opinion about a difference where I can accept someone filing for AOS after the 90 days.

To the original topic you can browse the law I stated earlier. The part you are referring to is just an explanation for ChristinaM, nothing else.

I didn't say my opinion is law. If you think so let me know where I did. And if my opinion would be law I would make a truckload of money.

[Peter Miami 0]

Very true.

Peter Miami

[eclowjpd 0]

Well, this has been an interesting discussion.

We filed for the K1 visa in good faith and from day one, intended to marry, and this has not changed.

By Stingers logic, we would be breaking the law if we get married on day 95, rather than sticking her on a plane and sending her home. If we marry after day 90 and file the AOS I will be able to sleep at night knowing that we are not trying to pull a fast one on the U.S. government.

If you read the OP again, the question is not can we do this. Ive concluded that we can. I am trying to determine if there is any risk in doing this.

Has anyone experienced this, had a problem with AOS approval having married after day 90, or know if the immigration service will they require an explanation that extenuating circumstances prevented us from marrying within 90 days?

[Yodrak 7]

stinger,

I'm not challenging that the visa is valid for 6 months - I'm challenging the explanation you gave for why the visa is valid for 6 months.

Yodrak

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.

...

OH, sorry Yodrak,

I got this bit of mis-information out of my own passport. Too bad the consulates in germany are so misinformed.

Yodrak, after the visa is issued you have 6months to enter the United States and after this you have 90 days to get married. Means basically the visa has a max. validity of 6 months, but just for one entry.

....

Edited October 7, 2006 by Yodrak

[john_and_marlene 162]

Why not look at what the USCIS says about marrying after 90 days for a K1. They explain this on the USCIS website. The do not say you must leave the country.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

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.

Forgiving the out of status situation based on marriage to a USC is not a "might be forgiven" situation. There is legal precidence that an application for adjustment based on the marriage to a USC cannot be denied due to an overstay or working without authorization.

[M. 0]

To answer the OP's question:

I believe, and please correct me if I am wrong, that someone on these boards was denied a GC because they married after the 90 day limit. This was like a month or two ago, I think, and they had to file what is essentially a motion for recondiseration (to reopen their AOS case).

So there is substantial risk, and I agree with the other posters here: there's *no reason* to not get married at the court house before the 90 days are up and then have the big ceremony after that -- you do risk being denied by not getting married within the 90 day window, though you risk nothing by getting married before the expiration and having your big wedding later.

Here's the thread -- denied for marrying *3 days* out of time:

http://www.visajourney.com/forums/index.ph...c=26386&hl=

The reason for the Notice of Decision Denied was because we did not marry within the 3 month window of K1 visa. Due to the 2005 holidays and prior business commitments , we did not realize the 3 month window had passed us by (I know very dumb on our part ). We always intended to marry but have ceromonies and celebrate later when we could plan it properly.

We only missed the 3 month window by 3 days. The Notice of Decision states there is no appeal but we can file a motion to reopen with form I290-b. The form seem to be an appeal form which is contrary to the notice. Will we just be throwing away the $385 fee?

Has anyone have experience with this or is there another route to take. Thanks for any guidance.

[JenT 0]

...I married the day after I arrived here and we sent the AOS application the day we got the marriage license...

I hope you meant 'marriage certificate' because otherwise, you may be misleading others who are reading this thread.

[ChristinaM 0]

To answer the OP's question:

I believe, and please correct me if I am wrong, that someone on these boards was denied a GC because they married after the 90 day limit. This was like a month or two ago, I think, and they had to file what is essentially a motion for recondiseration (to reopen their AOS case).

So there is substantial risk, and I agree with the other posters here: there's *no reason* to not get married at the court house before the 90 days are up and then have the big ceremony after that -- you do risk being denied by not getting married within the 90 day window, though you risk nothing by getting married before the expiration and having your big wedding later.

Here's the thread -- denied for marrying *3 days* out of time:

http://www.visajourney.com/forums/index.ph...c=26386&hl=

M., it also appears that the OP in the thread you cited tried to do the AOS based on the approved I-129F petition from the K1 process, despite having married outside the 90-day window when that is possible. As you can see from reading the rest of that thread, she was advised to refile - this time including the I-130 as the basis for filing.

Which is exactly what the OP in this thread plans to do.

[M. 0]

Of course.

[solarus 0]

we had a quick legal wedding at the court house 4 days after I crossed on the K1. The other advantage is that we could apply for AOS etc. right away.

It was fun - had some local friends there, bought lunch afterwards.

That was the "fake REAL wedding." ha ha

We are having a "reception" later in Jan 2007 - flying relatives in etc ..

the "Real FAKE weding."

Dividing it up seems obvious. You have your relationship, and you have legal obligations.

[John & Annie 0]

The whole notion of being "out of status" confuses me.

As you can read by my timeline we waited to file AOS, for no other reason that we were not in a hurry, My wife is an author and as such works anywhere in the world she can. The funds can go into her account in her birthland, without any issue. Plus the fact that I am able to support her withour issue.

We were clearly told at an infopass appt. that while she may be "out of status", she was legal. We now have been told otherwise, this still did not change the fact that we were able to file the normal paperwork for a K1 status change due to thefact that we were legally married within the 90 day time limit.

After asking alot of questions, I have found out that being "out of status" does not mean illegal, allthough some people who are here illegally refer to themselves as being "out of status".

So, what does all this mean. Nothing really, but that I would recomend staying within the timeframes specified in the Visa and appling for AOS as soon as you possibly can. Oh, and by the way, I would not recomend that you tell USCIS that you are waiting to file due to money, thereoretically you are supposed to be able to support the person with problems.

[eclowjpd 0]

Kezzie

CristinaM

JohnandMarlene

M.

and anyone else I may have omitted that attempted to help with my actual questions, thanks very much.