married after 90 days on a K1 visa

[regster34 0]

Hello everyone, my fiance' and I married after the 90 days on her K1 Visa,I know we should of married before the 90 days,we were married in 125 days..I will send the forms I-130 and I-485 along with all the other K1 forms to adjust her status. We hope the USCIS will go easy on us to adjust her status for green card.Do you think we will be fine?

[Moomin 292]

As long as you sent the i130 AND i485(and all supporting evidence) and that you're the original petitioner, you'll hopefully be fine. You will have an interview though, no way around that one. Did you make sure that you either had an unexpired medical or had a new one?

[L+T 71]

As long as you sent the i130 AND i485(and all supporting evidence) and that you're the original petitioner, you'll hopefully be fine. You will have an interview though, no way around that one. Did you make sure that you either had an unexpired medical or had a new one?

medical (vaccine report, if you did one at medical) is good for 1 year. It is a big "ouch", but probably they will process... eventually.

Edited September 12, 2012 by L+T

[Asia 2,498]

But isn't getting married within 90 days after coming to the US one of the requirements of K-1 visa?

http://travel.state.gov/visa/immigrants/types/types_2994.html#14

[baron555 934]

But isn't getting married within 90 days after coming to the US one of the requirements of K-1 visa?

http://travel.state.gov/visa/immigrants/types/types_2994.html#14

Yes it is. She is big out of status and subject to deportation....but if they can prove at the interview that there were good life reasons for the missed deadline, they have a good chance of being approved.

[djricky4 67]

y did you guys wait so long and take that chance

[L+T 71]

But isn't getting married within 90 days after coming to the US one of the requirements of K-1 visa?

http://travel.state....es_2994.html#14

Its like this, people come in on visa waiver all the time and get married and then apply adjustment of status. Whats done is done... they will likely be hit with delays but not deportation. In fact i see news headline today, "deportations on hold for election". now that paperwork is in process, they are back on track until further notice. worse case is they ask spouse to leave and must file cr1. best case is delay in residentcy, work authorization, but it goes through (most likely)

[C-ma'am 684]

**Moved to AOS from a Work, Student or Tourist Visa. OP married outside the 90 day window and they can no longer AOS from marriage to a USC on a K1

Edited September 12, 2012 by Celeste & C

[beejay 123]

But isn't getting married within 90 days after coming to the US one of the requirements of K-1 visa?

http://travel.state.gov/visa/immigrants/types/types_2994.html#14

That's why they are filing the I-130 now with the I-485. It's essentially a new process and not an adjustment from a K-1 visa. If the beneficiary was trying to adjust status based on marriage to someone other than the K-1 petitioner it would not work. Hopefully because it is the original petitioner it will be fine.

Good luck to the OP.

[Anh map 2,098]

Hello everyone, my fiance' and I married after the 90 days on her K1 Visa,I know we should of married before the 90 days,we were married in 125 days..I will send the forms I-130 and I-485 along with all the other K1 forms to adjust her status. We hope the USCIS will go easy on us to adjust her status for green card.Do you think we will be fine?

Those are the proper steps.

Best for her to not leave the US until the green card is in hand, even with advance parole. You can't be assured that there wouldn't be a problem at CBP using advance parole in this scenario.

[Harpa Timsah 13,258]

But isn't getting married within 90 days after coming to the US one of the requirements of K-1 visa?

http://travel.state.gov/visa/immigrants/types/types_2994.html#14

Yes, so they cannot adjust based on the K-1 visa anymore. They can (and are) adjusting based on being a spouse of a USC currently in the country, which is different paperwork.

[Asia 2,498]

That's why they are filing the I-130 now with the I-485. It's essentially a new process and not an adjustment from a K-1 visa.

Yes, so they cannot adjust based on the K-1 visa anymore. They can (and are) adjusting based on being a spouse of a USC currently in the country, which is different paperwork.

Thank you both for explaining that to me.

OP, good luck!

[VanessaTony 3,567]

**Moved to AOS from a Work, Student or Tourist Visa. OP married outside the 90 day window and they can no longer AOS from marriage to a USC

While moving this topic is correct your reason is not. She is of course still able to AOS from marriage to a USC, she's just not AOSing based on the K1 anymore. She's AOSing based on the I-130 so it's not "AOS from a marriage based visa" anymore but US AOS via marriage to a USC.

[C-ma'am 684]

While moving this topic is correct your reason is not. She is of course still able to AOS from marriage to a USC, she's just not AOSing based on the K1 anymore. She's AOSing based on the I-130 so it's not "AOS from a marriage based visa" anymore but US AOS via marriage to a USC.

My bad, I forgot to add the K1 at the end.

[Rebecca Jo 1,962]

Yes it is. She is big out of status and subject to deportation....but if they can prove at the interview that there were good life reasons for the missed deadline, they have a good chance of being approved.

She is no more out of status than any K1 entrant who files outside of the 90 day window.