What next after wedding in the USA?

[Cesiruiz05 1]

Hi! Everyone ,me and my fiancé are getting married this month my question is what's the next step? During th next step those he have to leave thee country? Thank you

[amykathleen2005 441]

DO NOT LEAVE the country. You need to adjust status. Please read up on it in the guides: http://www.visajourney.com/content/k1k3aos

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

Absolutely DO NOT leave the country BUT stimulate the economy and vigorously.

[Pooh Pee 1]

Absolutely do not leave the country. His visa is only a one-time use. Once he leaves, then you would have to apply to bring him here as a spouse. After getting married, apply for work authorization, advance travel document, social security card, bank account and so on, if you hadn't already. But most importantly, apply for his adjustment of status. You have a limited time to do so.

I hope this helps you.

[KayDeeCee 4,896]

Next steps are to follow the guide I linked you to last month: http://www.visajourney.com/content/k1k3aos

Absolutely do not leave the country. His visa is only a one-time use. Once he leaves, then you would have to apply to bring him here as a spouse. After getting married, apply for work authorization, advance travel document, social security card, bank account and so on, if you hadn't already. But most importantly, apply for his adjustment of status. You have a limited time to do so.

I hope this helps you.

There is no deadline to file for AOS. You should do so as soon as possible, but there is no limited time frame to file.

[Darnell 8,479]

prior to marriage, now, this week, go get an ssn at the local ssa office.

[Pooh Pee 1]

I could not find anything that states there is a limited time to file an Adjustment of Status. But I think there is an implied time frame.

"the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place."

Once you are married, you can apply for an AOS. Until your spouse is approved for an AOS he is still considered an nonimmigrant. After I got married, I called USCIS to ask what's the deadline. The representative did not give an exact answer. He recommended that I file for an AOS before the K-1 visa expires. The USCIS states, "Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application."

This statement sounds like there is no intended extension of the 90 days just because you got married. So, your spouse might be considered "out of status" if he stays. If he gets sent back, then that makes it more complicated because you are now married and must apply to bring him back as a spouse.

I think once you apply for the AOS and recieve an I-797C, Notice of Action, it will stop the clock on the K-1 visa's expiration date. It might be best to apply before the expiration date. For me, it was a long process to apply for her K-1 visa. I just didn't want to screw up after all that effort.

This is my interpretation of the rule. Maybe someone else out there has more facts.

[Ryan H 3,834]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum; topic is more germane to the AOS process.

[KayDeeCee 4,896]

I could not find anything that states there is a limited time to file an Adjustment of Status. But I think there is an implied time frame.

"the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place."

Once you are married, you can apply for an AOS. Until your spouse is approved for an AOS he is still considered an nonimmigrant. After I got married, I called USCIS to ask what's the deadline. The representative did not give an exact answer. He recommended that I file for an AOS before the K-1 visa expires. The USCIS states, "Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application."

This statement sounds like there is no intended extension of the 90 days just because you got married. So, your spouse might be considered "out of status" if he stays. If he gets sent back, then that makes it more complicated because you are now married and must apply to bring him back as a spouse.

I think once you apply for the AOS and recieve an I-797C, Notice of Action, it will stop the clock on the K-1 visa's expiration date. It might be best to apply before the expiration date. For me, it was a long process to apply for her K-1 visa. I just didn't want to screw up after all that effort.

This is my interpretation of the rule. Maybe someone else out there has more facts.

This has been discussed many times. You can do a search for it here on VJ.

There is no deadline to file for AOS. The requirement of the K-1 is to be married within those 90 days. There is no stated requirement for filing AOS.

Yes, once the I-94 expires you will begin to accrue overstay. When you file for AOS, you will then enter a new period of authorized stay and the clock for overstay will stop. Once the AOS is approved, the overstay is forgiven/no longer relevant.

There is a small chance someone could be detained by ICE when out of status before filing for AOS, however, they would not be deported. The judge would most likely tell them they are eligible for AOS and order them to file for it ASAP.

Many people have filed for AOS a few weeks or months after their I-94 expired and have done so with no problems, my husband included.

It is always best to file as soon as possible because the immigrant will not be able to work, get a license, go to school, or travel internationally and be able to re-enter the US. There is no time limit to file though.

[Pooh Pee 1]

Thanks Jay-Kay. I love this forum where we can share information. I hope everyone can benefit from so much experiences.

[Darnell 8,479]

were you successful in getting the ssn for him ?