Just got married, now what?

[smitty87 0]

My fiance and me just got married July 15th. I have until late August before my 90 days expires on my k-1 visa. Whats the next step, what do I do now?

[Sirdaniel42 86]

Your K-1 visa expired the day you entered the US, you have to get married within 90 days as you did.

Now you need to file for the AOS, use this guide.

http://www.visajourney.com/content/k1k3aos

Please read the guides above and educate yourself!!!

[TnJ 131]

:thumbs:

Your K-1 visa expired the day you entered the US, you have to get married within 90 days as you did.

Now you need to file for the AOS, use this guide.

http://www.visajourney.com/content/k1k3aos

Please read the guides above and educate yourself!!!

Adjust your status! Be sure to file I-765 EAD and I-131 AP at the time of your AOS filing. If you file all three at once, the fees for I-765 and I-131 are considered included within the AOS fee. EAD and AP will allow your fiancee to work in the states and travel abroad if needed before your AOS is approved. It makes a big difference in that your fiancee would only have to wait a few months to begin working or have traveling privileges versus waiting a year or more for AOS to be approved.

[DeeDee&Sam 68]

those 90 days "expired" in the minute you got married. after i got married my steps were to file for a social security number and get myself on my husband's health insurance. i applied for aos 6 months later. there's no rush, but we personally didn't afford it right away.

[Pitaya 2,577]

My fiance and me just got married July 15th. I have until late August before my 90 days expires on my k-1 visa. Whats the next step, what do I do now?

Welcome to the forum.

Good luck on your immigration journey.

[shendon 1]

:thumbs:

Adjust your status! Be sure to file I-765 EAD and I-131 AP at the time of your AOS filing. If you file all three at once, the fees for I-765 and I-131 are considered included within the AOS fee. EAD and AP will allow your fiancee to work in the states and travel abroad if needed before your AOS is approved. It makes a big difference in that your fiancee would only have to wait a few months to begin working or have traveling privileges versus waiting a year or more for AOS to be approved.

I sent my EAD application 2 weeks ago, 3 months after CSC took over my AOS case, I know it's going to be a long wait, so i'm hoping that I probably get my EAD before AOS approval. It is free to file EAD as long as you make copy of a NOA1 from AOS application and send it with the I-765 EAD application. now just got my receipt # and it's on initial review.

Edited July 19, 2012 by shendon

[Dave&Roza 748]

:thumbs:

Adjust your status! Be sure to file I-765 EAD and I-131 AP at the time of your AOS filing. If you file all three at once, the fees for I-765 and I-131 are considered included within the AOS fee. EAD and AP will allow your fiancee to work in the states and travel abroad if needed before your AOS is approved. It makes a big difference in that your fiancee would only have to wait a few months to begin working or have traveling privileges versus waiting a year or more for AOS to be approved.

Just to clearify something. EAD/AP takes a few months now (it was 46 days lasy May for us but has gotten longer, more like 90 days) and the GC is taking about 6 months,not a year (again for us last year it was 90 days). So the EA/AP card typically saves about half the time and is recommended as you never know what may happen and your spouse may sudden need/want to leave the country.

Congrats on the marriage,

Dave

[Caryh 5,206]

those 90 days "expired" in the minute you got married. after i got married my steps were to file for a social security number and get myself on my husband's health insurance. i applied for aos 6 months later. there's no rush, but we personally didn't afford it right away.

That is incorrect, the K-1 expires on entry into the USA. The I-94's 90 days remain the valid until their expiration date wether you get married or not. If you have not filed the AOS by that time, you begin to accumulate out of status days until you get a notice of action on your AOS filing. Hit 6 months out of status, and your AP is worthless if you file for it. Just because those out of status days are forgiven when you get the green card, does not mean you have a legal status in the USA after the first 90 days of the K-1 entry. People have been picked up and locked up until they can see a judge who will order them to adjust status before releasing them. If you live in an area where ICE is very active, this is a risk. If you live and travel nowhere near where ICE is not active, the risk is practically zero. I new a couple that got caught by this travelling from California to Mexico. She spent close to a week locked up and it was not a pleasant experience for her.

[TnJ 131]

Just to clearify something. EAD/AP takes a few months now (it was 46 days lasy May for us but has gotten longer, more like 90 days) and the GC is taking about 6 months,not a year (again for us last year it was 90 days). So the EA/AP card typically saves about half the time and is recommended as you never know what may happen and your spouse may sudden need/want to leave the country.

Congrats on the marriage,

Dave

Yep, that was the generalization I was making. Timeframes for everything in immigration tend to fluctuate. It has been known to take up to a year for some AOS approvals and a few months for EAD/AP. Similar to the fact that it can take longer than the magical 5 months for a K-1 approval. In any case, it only makes sense to AOS as soon as possible and include EAD and AP along with that. It can make the difference of having those privileges of working and traveling a couple of months to several months earlier. I'm not into guessing games so I only recommend filing as soon as possible unless one's fiancee/spouse has no plans of working or traveling soon after arrival.

That is incorrect, the K-1 expires on entry into the USA. The I-94's 90 days remain the valid until their expiration date wether you get married or not. If you have not filed the AOS by that time, you begin to accumulate out of status days until you get a notice of action on your AOS filing. Hit 6 months out of status, and your AP is worthless if you file for it. Just because those out of status days are forgiven when you get the green card, does not mean you have a legal status in the USA after the first 90 days of the K-1 entry. People have been picked up and locked up until they can see a judge who will order them to adjust status before releasing them. If you live in an area where ICE is very active, this is a risk. If you live and travel nowhere near where ICE is not active, the risk is practically zero. I new a couple that got caught by this travelling from California to Mexico. She spent close to a week locked up and it was not a pleasant experience for her.

This is something I have debated over as well. I agree with you, yet others still insist that it is perfectly fine to accumulate out of status days because it can be waived for spouses of USC. The key words are that "it can" be waived and most likely would be. It doesn't change the law or dismiss the fact that one is out of status after those 90 days and hasn't filed for AOS. I'm not sure why some would want to take any risks in all of this after they have gone through all the trouble of getting the SO to the states.

Edited July 20, 2012 by ToddnJessa