Getting married after I94 expires

[slowlyman 118]

I was asked this question the other day. Curious what you guys think.

The fiance is here on a K-1. For varies reason this couple plan to marry two weeks after the I-94 expires. What potential problems await them as they proceed through the AOS?

[Harpa Timsah 13,258]

Is this an academic question? Because I thought you said you got married and sent off your AOS already.

The answer is that the person would no longer be able to file AOS based on being a K-1 visa holder. They would need to file a i-130 along with their I-485. The I-130 would be the basis for the AOS and would establish a marital relationship between the people. It costs more $$. ($420 more plus likely the cost of a medical, around $200).

If they tried to do the normal K-1 AOS they would be denied. It's a really bad plan, overall. I hope your friend isn't seriously considering this.

Edited September 29, 2013 by Harpa Timsah

[slowlyman 118]

Well you see, i have a friend who has a relative living next door to a cousin. Lol.

It's not academic, they are planning to marry two weeks after the I-94 expires.

I however, am happily married with a week to spare on the I-94.

I told them when they file the AOS, someone would surely notice the marriage date being after the I-94 expired. I wasn't sure what would happen because of that fact.