fiancee (wife) has to leave HOW?

[FLLF 0]

Dear all,

I am so upset

My fiancée (German) came to the US with a K1 Visa which required us to marry within 90 days. Yesterday, on the 90th day we got married.As we forgot our license we had to be married without it.The marriage has to be filed within 10 days to make it legal.

As my fiancée would be required to return home for 4 weeks in January, the Advanced Parole necessary to leave the US would have to be expedited.

Therefore we have the following questions:

If we file the marriage and she leaves before the aos is done will that be an overstay?I guess so because she wouldnt have filed the aos yet.

if we dont file the marriage, whe will have overstayed her k1 visa by 5 days.

How consequences will an overstay of 5 days have?

hopefully you have some answers

[Kez/JWolf 6]

Why oh why do people wait until day 90 to get married....

All you can do is register your marriage and the you will need to file form I-130 along with your AOS so no biggy...

As for your wife going home for 4 weeks in Jan... even if you had got married before you did the chances of her having her AP or Greencard to allow travel were very slim.... you have not said why she needs to go home for 4 weeks, but unless it is for a life or death reason you will not get an emergancy AP she will have to wait and return at a later date once you have AP or Greencard...

If she leaves without AP then you will be abandoning your AOS and will have to file for a K3/CR1 to be able to come back....

Kez

[no name 1]

Why oh why do people wait until day 90 to get married....

All you can do is register your marriage and the you will need to file form I-130 along with your AOS so no biggy...

As for your wife going home for 4 weeks in Jan... even if you had got married before you did the chances of her having her AP or Greencard to allow travel were very slim.... you have not said why she needs to go home for 4 weeks, but unless it is for a life or death reason you will not get an emergancy AP she will have to wait and return at a later date once you have AP or Greencard...

If she leaves without AP then you will be abandoning your AOS and will have to file for a K3/CR1 to be able to come back....

Kez

[ctjwa 0]

Unfortunately, it seems you have stumbled into the final stages of a poorly thought out plan.

As it stands now, whether you file the marriage license to make it legal or not, if your wife leaves in January you'll be starting over. The only question is whether you'll be starting the K1 over (because you didn't legally get married, and the old K1 expired) or filing a K3 because you are already married. Whichever you chose, complications are bound to arise, and I would recommend getting a lawyer.

In all honesty, your best bet is to make the marraige legal and keep your new wife in the country until AP can be obtained. This will most likely take 2-3 months from the day you file if you're lucky and don't get an RFE. That means she'd be able to leave in Feb/March. Of course, this all depends on if she is flexible in her travel, or MUST leave.

In the absense of that possiblity, I hear that the K3 is usually a quicker method, though I have no experience in that realm.

Either way, I wish you luck.

[1HappyGuy 45]

If she leaves without Advanced Parole (AP) you will be starting over but with a possible mark against her for an overstay on her visa. It will prove more difficult even though your intentions were to do it right. You should register your marriage, apply for Adjustment of Status (AOS) and AP. Unless you have an emergency situation, she will be stuck here until either AP or AOS is granted. In my wife's case she got AP three weeks before she got her green card.

You might want to take some time to consider the problems you will incur if your wife leaves too soon. You just finished a long and frustrating wait with the fiancee visa. Why would you want to screw things up for the two of you. She is stuck here until you get AP or AOS unless you want to go through another long and drawn out process again.

Consider your options carefully. I don't think even an attorney would help unless he has connections to speed up AP.

[pj1959us 0]

Many miscalculate 90 days...I hope that you verified that it was actually 90 days in which you married!

[Killer_Clown_2009 0]

I doubt a 5 day overstay will cause any issues, the big issue is that if she leaves without AP, she won't be allowed back into the US and you'll have to go another route for bringing her to the US.

If possible, I'd try to cancel her trip back home.

It's only 4 weeks until January 1 and there is the Christmas holiday in there too. It'd be hard to register the marriege, get a marriage certificate and apply for AOS, and get her AP in that timeframe (although I guess it might be possible).

Edited December 4, 2006 by jane2005

[Jamaicagyaldat 1]

First of all FOR THOSE OF YOU THAT JUST MADE JUDGEMENTS ON THESE PEOPLE...BACK OFF..SHAME ON YOU....People have lives and sometimes things happen, it does not make anyone right or wrong. AND all of us have been in the place where you did not know or understand something. REMEMBER THIS IS A LEARNING PROCESS AND EVERY ONE OF US STARTED SOMEWHERE.

I have been through TWO marriages to an immigrant and take it from me the 90th day thing is NOT a big deal. Just get your marriage registered properly and you will be fine. Your receipts will show that your marriage license was forgotton and you can explain the rest in a letter and in person when you interview for the AOS.

Second, do not let your wife leave the country WITHOUT going through AOS. The only way she can do this is to apply for Advance Parole and get approved. Most of the time these are not approved unless it is a dire emergency. If she leaves without AOS and without receiving approval for the AOS and receiving the paperwork that gives her approval she CAN NOT come back in the country without you starting the process all over.

I hope that helps you out.

[no name 1]

First of all FOR THOSE OF YOU THAT JUST MADE JUDGEMENTS ON THESE PEOPLE...BACK OFF..SHAME ON YOU....People have lives and sometimes things happen, it does not make anyone right or wrong. AND all of us have been in the place where you did not know or understand something. REMEMBER THIS IS A LEARNING PROCESS AND EVERY ONE OF US STARTED SOMEWHERE.

I have been through TWO marriages to an immigrant and take it from me the 90th day thing is NOT a big deal. Just get your marriage registered properly and you will be fine. Your receipts will show that your marriage license was forgotton and you can explain the rest in a letter and in person when you interview for the AOS.

Second, do not let your wife leave the country WITHOUT going through AOS. The only way she can do this is to apply for Advance Parole and get approved. Most of the time these are not approved unless it is a dire emergency. If she leaves without AOS and without receiving approval for the AOS and receiving the paperwork that gives her approval she CAN NOT come back in the country without you starting the process all over.

I hope that helps you out.

I saw no judging, I saw experienced AOS people giving advice.

Maybe your tone should be a bit nicer as well. Waiting till the 90th day is not smart/advised/recommended here. Perhaps it worked for you, but it might not for everyone. VJ is about following the rules, not advocating breaking them.

[edsperfect 25]

First of all FOR THOSE OF YOU THAT JUST MADE JUDGEMENTS ON THESE PEOPLE...BACK OFF..SHAME ON YOU....People have lives and sometimes things happen, it does not make anyone right or wrong. AND all of us have been in the place where you did not know or understand something. REMEMBER THIS IS A LEARNING PROCESS AND EVERY ONE OF US STARTED SOMEWHERE.

I have been through TWO marriages to an immigrant and take it from me the 90th day thing is NOT a big deal. Just get your marriage registered properly and you will be fine. Your receipts will show that your marriage license was forgotton and you can explain the rest in a letter and in person when you interview for the AOS.

Second, do not let your wife leave the country WITHOUT going through AOS. The only way she can do this is to apply for Advance Parole and get approved. Most of the time these are not approved unless it is a dire emergency. If she leaves without AOS and without receiving approval for the AOS and receiving the paperwork that gives her approval she CAN NOT come back in the country without you starting the process all over.

I hope that helps you out.

I saw no judging, I saw experienced AOS people giving advice.

Maybe your tone should be a bit nicer as well. Waiting till the 90th day is not smart/advised/recommended here. Perhaps it worked for you, but it might not for everyone. VJ is about following the rules, not advocating breaking them.

This makes sense to me. What we are missing in this post is why she has to return home. But the advice has all been good. Stay here!!! The next question is did they know that when she entered? probably. Anyone that has been trough this site from filing to marriage knows the answer to the question since it has been asked 200 times

[Jamaicagyaldat 1]

Nobody is advocating breaking the rules. I have succesfully been through this twice. What I am saying is the 90th day is not a fail fail situation. I am reassuring the person who wrote that post. I also have a good friend that works in immigration in Minnesota and he has told me this. So I am giving this advice point blank as fact.

And comments such as, "Why do people wait blah blah" can not make the worried person writing the post feel any better. I have been on this board many years and the board has been helpful for me as well as my knowledge of the immigration process for others.

Thank you.

[meauxna 15]

Those of us who are/were so sure that this situation would be OK (marrying at/over 90 days) should read this thread;

http://britishexpats.com/forum/showthread.php?t=410380