What exactly NEEDS to be done within the 90 days on a K-1 (aside from actually getting married)

[vantasticvoyge 0]

I entered the USA on a K-1 visa on the 10th October. It expires on the 7th January. Could someone possibly give me a little information if they can?

What do we exactly have to do within the 90 days? Is it solely getting married and the certificate saying a date between now and the end of the 90 days? Or must the USCIS or whomever we are sending our application to, have our application and have it logged etc before the end of the 90 days?

Or for instance, could we theoretically get married on the 90th day (which we arn't) and send all the documents on the 91st day and it will be fine as everything is dated from before the expiration of the 90

We want to get married on the 1st. Does this leave enough time, considering my K-1 expires on the 7th?

Any help would be very much appreciated.

[Rebecca616 38]

You must get married within 90 days of your entry to the USA....after you do that then you file for adjustment of status. If you're wanting to get married on New Years you are within the 90 days so you're fine.

[aaron2020 11,651]

You must get marry within 90 days.

Once the 90 days are up, you will be out of status. You would need another means to be here legally.

The normal course of events is to apply to adjust your status to a legal permanent residency (green card). Once you file the I-485 and get your NOA1, you can legally be in the US until you get your green card.

If you do not file to adjust, then you are subject to deportation.

You must include a copy of your marriage certificate with the documents to adjust. If you can get it soon after you marry on Jan. 1, then you have no problems. If it takes a month to get a copy, then you may want to reconsider your plan.

Also, you will need to file to adjust to legally work or attend school. It takes about 2-3 months to get the EAD.

Also, you need AP if you want to leave the US without abandoning your adjustment. This also takes 2-3 months after you file.

Pushing out your marriage date will push back when you get your EAD and AP.

Edited October 16, 2013 by aaron2020

[Lainie B 465]

Although not necessary, you should get a SSN while you can, within your initial 90 days. It will make your life easier. If you don't get it within the first 90 days you will have to wait until you receive your EAD or GC.

I think you mean your 90 days expires on January 7th, not your K-1 visa. Your K-1 visa expired when you entered. The expiration date printed on the K-1 visa is now irrelevant.

[Nich-Nick 3,354]

I entered the USA on a K-1 visa on the 10th October. It expires on the 7th January. Could someone possibly give me a little information if they can?

What do we exactly have to do within the 90 days? Is it solely getting married and the certificate saying a date between now and the end of the 90 days? Or must the USCIS or whomever we are sending our application to, have our application and have it logged etc before the end of the 90 days?

Or for instance, could we theoretically get married on the 90th day (which we arn't) and send all the documents on the 91st day and it will be fine as everything is dated from before the expiration of the 90

We want to get married on the 1st. Does this leave enough time, considering my K-1 expires on the 7th?

Any help would be very much appreciated.

You should go get your SSN before day 76, just because you can. Makes some things easier to be able to provide that number. Otherwise your window closes until you receive EAD or the greencard.

Marry before the end of 2013 and get an income tax break for the whole of 2013. Marry on Dec 31 and there's always a party to go to on your anniversary.

The only requirement of your K1 is to marry within 90 days. You could file next summer but you are going to get bored with no job and no driver's license, And if an emergency comes up in the UK, you are stuck here untill you get your Advance Parole travel card (about 3 months after filing).

[TBoneTX 45,661]

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is past the K-1 stage. ***

[newacct 688]

I entered the USA on a K-1 visa on the 10th October. It expires on the 7th January. Could someone possibly give me a little information if they can?

What do we exactly have to do within the 90 days? Is it solely getting married and the certificate saying a date between now and the end of the 90 days? Or must the USCIS or whomever we are sending our application to, have our application and have it logged etc before the end of the 90 days?

Or for instance, could we theoretically get married on the 90th day (which we arn't) and send all the documents on the 91st day and it will be fine as everything is dated from before the expiration of the 90

We want to get married on the 1st. Does this leave enough time, considering my K-1 expires on the 7th?

Any help would be very much appreciated.

It depends on what you mean by "have to". have to, or what?

• The perfectly "correct" way to do it would be to get married within 90 days and also file for AOS within the 90 days.
• If you get married within 90 days, but file for AOS after the 90 days: There is not much difference. You'll be out of status when you file for AOS, but as the immediate relative of a U.S. citizen, you don't need to be in status to file for AOS. Technically the period between the 90 days and before you file for AOS, you are unlawfully present and deportable, but it is highly unlikely that you'll be somehow deported during this time. People overstay for decades without running into problems, let alone a spouse of a citizen who overstays a few days. Even in the highly unlikely chance you get put into removal proceedings, the fact you're married to a U.S. citizen and about to file for AOS can often get you out of it.
• If you get married after 90 days, and then file for AOS: The difference with the previous situation is that you can no longer adjust status on the I-129F fiance petition, so your spouse will have to file a new I-130 relative petition (probably concurrently filed with the I-485) and adjust status based on that. The main difference is the waste of money and effort (including all the documentation and evidence of marriage) to file another petition. But otherwise, the end result is not much different.

[fantonledzepp 159]

Get your Social Security number.

[vantasticvoyge 0]

Thank you all for the help and advice.

It is much appreciated. We have changed our wedding date. We are now getting married on the 23rd November in Lake Tahoe. That gives us between then and the 7th January to file for AOS and both being done within the initial 90 days.

Also, if anyone knows, how do I start the process of getting my social security number? I left it the suggested 10 days, plus a few more to take into consideration the delays caused by the government shutdown.

Thanks.

[Harpa Timsah 13,258]

To get you SS Number you go to the SS Administration office. ssa.gov has an office finder.

[kinu554 0]

Does anyone know what the fees for AOS?

My fiance entered the US 2 weeks ago and was told to pay a $165 fees before entering (was told that the fees is used to process her Visa and Green Card). She paid the fees via the USCIS ELIS website. Below is the link that highlights more about the fees

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a2bb75e8109b310VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Please advice. I am confused about the fees part. How is the $165 different than the $1070 that the AOS is asking for.

[Harpa Timsah 13,258]

If she is K-1 then you do not pay a $165 fee. That is for immigrant visas only. You file AOS instead.

If you paid on ELIS than I am afraid you wasted your money. Who told you to pay that fee? Maybe if it was an official person you could file a complaint.

Edited October 24, 2013 by Harpa Timsah