Get married a day before I-94 expires (90th day)

[Oksana & Max 94]

Okay, so now it is confirmed the I-94 expires on Aug 2 and they are planning to be married Aug 4? They will be outside the 90- day window and they will have to pay extra fees and fill out extra forms, or their AOS will be denied.

If they get married on August 4, it will be denied AOS and they will have to start from scratch refiling for CR 1 visa , and go back to Philipines.

There was a post few days ago where couple got married on 91st day, and they got denied. Better not to take any chaces and do it before, even if it will take to go to another city and find a different minister to perform the wedding.

[del-2-5-2014 1,339]

I don't know which state this individual is in or the specific regulations there. But, there is a lot of middle ground between a courthouse and a big wedding. If the location is a problem: get the marriage license, find out when the minister (or other person qualified to officiate) is available to meet with you briefly, go to the location of your choosing with the officiant and any required witnesses, have a simple ceremony, turn in the paperwork, and then go all out with the big shebang on August 2 or 4 or whenever.

A marriage doesn't have to be accompanied by a big party and the presence of everyone you know to be legal. After having gone through all of the regulatory hurdles to get over here in the first place, it would be a pity to decide to prioritize satisfying precise religious requirements over satisfying regulatory hurdles and risk throwing all of that time/effort away.

I couldn't have said it any better.

[Mike B. 231]

If they get married on August 4, it will be denied AOS and they will have to start from scratch refiling for CR 1 visa , and go back to Philipines

Are you sure about that? Why couldn't they just do this: http://www.visajourney.com/content/i130guide2

[Mogambi 96]

I agree, they might talk to the minister, and explain the situation. He might give his blessing to let them do a courthouse wedding to get the legal side of things done, maybe they just have to adhere to the rules of the Church of Christ wedding.

The rule is that you must get married 'within' 90 days. So I certainly wouldn't get married ON the 90th day, to me it seems that day 89 is the last legal day you can get married.

I think as long as the wedding takes place on that day, and all the marriage certificate and things are dated with that day, she would be Ok. But I agree, cutting it VERY close.

Also just for terminology sake, she has no visa anymore. The visa was used up the day she entered the US. She now has an I-94, and THAT is what expires. Just mentioning this to make sure you aren't looking at the expiration date on her K1 visa. That is meaningless now, that was only the expiration date she had to ENTER the US by. The clock reset to 90 days on the day she entered. I assume you have this right but just checking...

Also, this will sound harsh, but I think God would understand the circumstances if they had to go to the courthouse to go a simple piece of paper for the US Government instead of her being deported and a 10 year ban on re-entering the US!!!!

Find another minister. Or have HIM marry them even on a week day, and then perform the wedding again as was planned on August 4th if it falls outside the range.

There just has to be options here...

[Penny Lane 8,159]

If they get married on August 4, it will be denied AOS and they will have to start from scratch refiling for CR 1 visa , and go back to Philipines.

This is incorrect, they will not have to go back to the Philippines. They will, however have to file for the I-130 and I-485 concurrently. It's a lot of extra money and time involved.

Here's a thread of a couple that missed the 90 day window by about two days and this is the advice given:

http://www.visajourney.com/forums/topic/374155-adjustment-of-status-denied-for-2-day-error/

[LSnBigBear 61]

See, my calculation is wrong (not a Math lover here...). Turns out it's August 2, not August 4.

Please make sure you are correct on the calendar math.. One day off and you could be in deep trouble. I respect religon but get the legal done in a box if you need too. Then do the full blown for religious person. I always separate church and government. I want my wedding b4 God as well. But I will make the legal system work as to not interfere with my wife's legality to stay here.. Just don't cut it close... Good luck. I respect your decision just watch that calendar.

[Purple Turtle 17]

Thanks everyone for their input. I'll keep you guys updated for any development. Have a great day!

[KemalTuanaYalcin 16]

Hello! I'm posting on behalf of my friend who, due to some unexpected financial setbacks, had to push her wedding on the 4th of August. We looked at all the options but they really have no other options but to choose this date. This is the 90th day so we're wondering if there will be any impact on her fiance's adjustment of status or should they start applying for the AOS now? I'm not really knowledgeable on the K1 visa procedure. Thank you so much in advance!

You absolutely do not want to miss the deadline. To play it safe, I would suggest just going to courthouse and doing the marriage, then if there are plans in the works for a ceremony, do the ceremonial service on the 4th as planned. They can do a renewal of vows or religious ceremony but ensuring the legal marriage takes place prior to the expiration date is essential.

[Purple Turtle 17]

Hello again! Just got off the phone with her and explained to her the implications if they choose to go with the planned date. They've decided to have a very simple Church wedding and only invite the witnesses, and 2 entourage. She said she was worried about not being able to submit the documents on time so it's one sacrifice she's willing to make. She also liked the suggestion of having the reception some other time so we can prepare more food.

Thanks again and have a great day!

PS. The new date is July 7th.

Edited June 27, 2012 by Purple Turtle

[scott76 22]

Just go to vegas. You can get married there in about 20 mins.

[Oksana & Max 94]

This is incorrect, they will not have to go back to the Philippines. They will, however have to file for the I-130 and I-485 concurrently. It's a lot of extra money and time involved.

Here's a thread of a couple that missed the 90 day window by about two days and this is the advice given:

http://www.visajourney.com/forums/topic/374155-adjustment-of-status-denied-for-2-day-error/

I stand corrected

[ceadsearc 516]

Hello again! Just got off the phone with her and explained to her the implications if they choose to go with the planned date. They've decided to have a very simple Church wedding and only invite the witnesses, and 2 entourage. She said she was worried about not being able to submit the documents on time so it's one sacrifice she's willing to make. She also liked the suggestion of having the reception some other time so we can prepare more food.

Thanks again and have a great day!

PS. The new date is July 7th.

Good plan. To avoid lots of extra time and money it's important the LEGAL wedding is done within 90 days. The ceremony/reception/guest part can take place whenever as long as their marriage certificate is dated within 90 days.

[Caryh 5,206]

Hello again! Just got off the phone with her and explained to her the implications if they choose to go with the planned date. They've decided to have a very simple Church wedding and only invite the witnesses, and 2 entourage. She said she was worried about not being able to submit the documents on time so it's one sacrifice she's willing to make. She also liked the suggestion of having the reception some other time so we can prepare more food.

Thanks again and have a great day!

PS. The new date is July 7th.

Reason wins out in the end. Glad they won't have to worry about not making the deadline.

[Richard-Y-Abigail 18]

I am so glad that you took the time to ask us here on VJ about getting married, but I would like to point out something that you mentioned. Unless you are members of some other type of Church of Christ, for example "United Church of Christ", I can see no reason biblically why the church would not recognize a marrital union formed in front of a Justice Of The Peace. I attended Harding University in Searcy, Arkansas, and Rochester college in Rochester, Michigan, both colleges based on and supported by the churches of Christ, and I can think of no example where a marriage with a minister is commanded by God. Nor all my years as a member of the churches of Christ have I heard this either.

Feel good about the advice here, and I am glad that you can move the date of the marriage forward, but I do suggest that you question the person who has advised you that without a religious ceremony, the marriage would not be valid. Like I always say, if it isn't in the book, it isn't so. Good Luck.

[Brian121957 43]

In our religion, we're not allowed to get married in the courthouse.

So if you went to the courthouse and talked to a judge and signed a few papers in your religion you would not be married. Fine, just do it and treat it like just part of the legal papers youe have to do for immagration.

And can I assume that in your religion if you stood up before a minister and said your vows that is what makes you married. Fine, Dont go on the honeymoon untill seeing the minister.

So, just do the court stuff to make the immigration people happy now and the minister stuff latter.

You say the minister is not available, you might mention to him/her that if you don't get the marriage license signed before the 90 days you will basically void the whole K-1 process and have to start over.

There is a real but remote chance that your spouse can be deported just because you are over the 90 days.