Is it to late

[Miami 0]

Good afternoon

Wanted to ask a question my fiance came to the us Nov 11 2011 but we have not yet filed for I-715 but we are married and we married before the 90 days can someone please tell me what does this mean for us please

[Caryh 5,206]

You need to be married for two years before removing conditions. But it sounds like you skipped getting her green card (AOS), so there is nothing to remove conditions from. You're supposed to file for the AOS to get her green card, which will be conditional, the I-485. Also apply for the EAD and AP as they're free of the fee with the AOS.

[milimelo 4,481]

Have you adjusted status after you got married (received a green card after sending form I-485, I-864, I-131, I-765, G325a, I-683)?

[Anh map 2,098]

Good afternoon

Wanted to ask a question my fiance came to the us Nov 11 2011 but we have not yet filed for I-715 but we are married and we married before the 90 days can someone please tell me what does this mean for us please

Did you file for adjustment of status so that your spouse obtained a green card?

[Miami 0]

No we haven't done any of that we just got married that was all because of financial reasons I haven't what should be my next step?

[Pitaya 2,577]

No we haven't done any of that we just got married that was all because of financial reasons I haven't what should be my next step?

Consider reviewing the K1/K3 visa AOS guide to get up to speed.

Good luck.

[Anh map 2,098]

No we haven't done any of that we just got married that was all because of financial reasons I haven't what should be my next step?

Now you will have to file an I-130 spouse visa petition along with the I-485 to adjust status.

Follow this guide >>> http://www.visajourney.com/content/i130guide2

*Moving thread from K1 forum to Adjust Status - Work, Student, Visitor forum as it is most applicable to OP circumstances*

[Caryh 5,206]

Now you will have to file an I-130 spouse visa petition along with the I-485 to adjust status.

Follow this guide >>> http://www.visajourney.com/content/i130guide2

*Moving thread from K1 forum to Adjust Status - Work, Student, Visitor forum as it is most applicable to OP circumstances*

That would only be if they failed to get married within the first 90 days. I believe the OP met that part of the K-1 visa conditions, so a direct filing of the AOS, EAD, AP is his path now. He says K-1, and married within 90 days, shouldn't this be moved to AOS from family based? Maybe I missed something?

Edited July 9, 2012 by Caryh

[Miami 0]

Ok Thank You

[Anh map 2,098]

That would only be if they failed to get married within the first 90 days. I believe the OP met that part of the K-1 visa conditions, so a direct filing of the AOS, EAD, AP is his path now. He says K-1, and married within 90 days, shouldn't this be moved to AOS from family based? Maybe I missed something?

OK, need to edit as my brain cramp is finally subsiding.

OP got me thinking I-751 and had longer period of time (2 years) stuck in my head.

Yes, file for adjustment of now. http://www.visajourney.com/content/k1k3aos A longer delay would require the spouse visa.

*Sliding thread over to AOS - Family Based forum*

Edited July 9, 2012 by Anh map

[KayDeeCee 4,893]

No we haven't done any of that we just got married that was all because of financial reasons I haven't what should be my next step?

As others have said, follow the guide, it is not too late. She will need to see a civil surgeon and get a new medical done and make sure her vaccinations are up to date. Call around to find the one with the best price.

[Beach Bum 4]

Whaaat is with the filing for spousal visa ? I thought this is how it worked: 1.obtain k-1 2.come to the states within six months of having the visa issued 3.get married within 90 days and that would be it, from then on you would have two years to file for conditional green card. They got married November 2011.it hasn't even been year, why would he need to file for spousal visa?I'm asking as a general knowledge thing, because I have been married for a year on k-1,within the guidelines of k-1 and haven't filed for my green card yet

[Caryh 5,206]

Whaaat is with the filing for spousal visa ? I thought this is how it worked: 1.obtain k-1 2.come to the states within six months of having the visa issued 3.get married within 90 days and that would be it, from then on you would have two years to file for conditional green card. They got married November 2011.it hasn't even been year, why would he need to file for spousal visa?I'm asking as a general knowledge thing, because I have been married for a year on k-1,within the guidelines of k-1 and haven't filed for my green card yet

That was an error, he was thinking about another thread I think. They just need to adjust status. As to not filing, it is best to file soon and not wait. You do not have lawful status in the USA after the I-94 expires even if you do marry in the first 90 days, and are accumulating out of status days. Those days of unlawful stay are forgiven if you are married, but they still are there on the record. If a person coming in on a K-1 does not adjust status, they can be picked up by ICE and detained. The immigrant will then be sent before a judge who will most likely order them to adjust status within a fixed amount of time or face deportation. Your mistake is in thinking once the marriage is made within 90 days all is basically done. Adjusting status is required right after that. You do not have 2 years to file, you are not legally here once the I-94 expires. Just because they forgive the out of status stay, does not mean its OK, it just means you can get away with it as long as ICE does not pick the K-1 immigrant up. There are negatives to not filing right away, which I wanted to make sure my wife was never at risk for, so we filed weeks before the I-94 expired for both the legal benefits and removal of any risk of being out of status.