Got the K-1. Now what are our options for getting married?

[bigdog 376]

Thought I would put it all together. TBone and others have each laid the process out:

Start making plans for your marriage now, you can shop for ideas, places, just don't make a hard and fast money down option you cannot change if their is a delay in the arrival date.

Two weeks after you arrive go and apply for your social security card, why wait two weeks, their will be no information in their system for them to reference. You can get the form on line and pre fill it in.

Once the social is in hand, get your drivers license or state id, depending on your state regulations and square away the banking and financial stuff.

Their are lots of nice simple quick options to make sure you are inside the 90 day window; Las Vegas everyone likes to go there, the local court house, or your local and or frequented church.

For example we invited or people showed up in Las Vegas about 20+, had a beautiful ceremony at Las Vegas Weddings in their chapel (holds about 150), spent a few days and had some fun.

Got her on my medical plan at work when we returned, completed her medical for AOS at a Civil Surgeon..

Filed for the AOS in the 90 day window, and had a very nice reception at our ranch about a month after we got married i.e., wedding cake, BBQ everyone attended even the guests who went to the wedding.

Just because the government has a time line does not mean you can adapt and overcome. Take lots of photos, save everything for your AOS filing and interview.

Order your wedding certificate(s) etc. on a rush and get an Apostille if needed from the secretary of state. Oh yea have fun and congratulations.

Edited October 28, 2013 by bigdog

[J & L 10]

Marriage certificate and then something small and private at the courthouse. I think it's nearly impossible to make plans for a big wedding, especially since it takes so long to get the visa and then you don't know exactly when and if you pass it until last minute. So like everyone else suggested.

If you're into big parties and whatnot you can do that any other time, but since marrying within 90 days is your priority then the courthouse is pretty much the only option -or maybe the only one we considered.

[jmana 2]

Does the AOS HAVE to be filed before the 90 days is up?

[dodgyJim73 6]

We're off to Vegas to get married by Elvis!! Aww yeah

Then a 'real' wedding further down the track.

Edited October 28, 2013 by dodgyJim73

[Dave&Roza 748]

Does the AOS HAVE to be filed before the 90 days is up?

There is no time limit to file the AOS. Once the I-94 expires you are in a state of over-stay, but that is forgiven when you file for AOS. It may affect your ability to use advance parole (AP) if you have an over-stay of more than 180 days (that has been debated here on VJ a bit). If you wait until 1 year after the medical, you will need a new medical. IF you wait until you have been married for more than 2 years you should file the I-130 with the AOS as it has been debated that a K-1 cannot receive anything but a 2 year GC, but being married more than 2 years makes you eligible for the 10 year GC. (Again this has been debated here on VJ quite a bit).

The only consquences of not filing for AOS is that the alien spouse cannot work, cannot drive (after the current DL expires, if one is able to get one in the first place--this is state specific so please check with your state's DMV--as there is not proof of lawful presence in the US), cannot leave the US and re-enter (you can always leave the US, but the GC or AP allows you to re-enter), and may be detained by CBP employees if one wanders too close to one of the borders. It also delays the ability to become a USC.

Dave

Edited October 28, 2013 by Dave&Roza

[baron555 934]

The idea of planning a full-on wedding inside of 3 months of her arrival is unfortunately out of the question.

OK, the option is out.

We were hoping to get a civil union and plan a proper wedding after she gets her permanent residency, but I have read here that a civil union will not suffice for the I-30.

You NEED to be legally married. A civil union or marriage by the county judge is all it takes. We did only that.

How do people usually handle this? Do they just "sign the papers" and then have a real wedding sometime in the future even though they are already married?

We ONLY had the county judge marriage ceremony. We had a dinner later for the relatives and friends, never a big shing-ding.

[GhaleonEME 1]

Thanks for clarifying that we do not need an I-30 and that a civil union will do the trick. I had misunderstood the walkthrough. So, if I'm correct, we will need to file the following:

I-864: Affidavit of Support

I-485: Adjustment of Status

I-765: Application for Employment

I-131: Application for Travel

G-1145: e-notification

And, just to be clear, is the $1070 price tag for all of these petitinongs together or JUST for the i-485?

[KayDeeCee 4,893]

And, just to be clear, is the $1070 price tag for all of these petitinongs together or JUST for the i-485?

Both. The fee of $1070 is for the I-485. The fees for the I-765 and I-131 are waived when filed with a pending I-485. Therefore, it is $1070 to file for AOS with or without the I-765 and I-131.

[GhaleonEME 1]

My wife arrived in the states a couple weeks ago and we got married last Thursday! We're now getting our act together to apply for our AOS and I have a few questions that I'd like to ask to ensure that we are on the right track.

My main concern is about time constraints. Now that she is here and we are married, how long do we have to apply for the AOS? The expiration date on her K1 visa is Jan 27 2014 but, as I understand it, the K1 visa becomes void as soon as she enters the country. The entry stamp on the visa says Dec 5th (date of arrival) through March 4th. Is this also the deadline for our AOS application?

My Wife also indicated that she's concerned about the results of her medical examination that she received in Tokyo expiring before the application is complete. It was my understanding that she would not need to use the results of the examination after her initial immigration. Is this not the case, and is there a chance that the results will expire before they are needed for her AOS?

Finally, could someone please confirm for me that this is the tutorial that we should be following? http://www.visajourney.com/content/k1k3aos I feel like there is a lot less guidance for the AOS than there was for the K1 process, so I am very grateful for this site. Thank you all for your continued support!

[GhaleonEME 1]

I'm filling out the i-485 now. What should we put for her last name? We are already married, but as I understand it she will not technically share my last name until after she has an SSN...

[KayDeeCee 4,893]

You really should check out the AOS forum and ask your AOS questions there. > http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

Yes, that is the guide to follow > http://www.visajourney.com/content/k1k3aos

From that guide, "note: use the non US Citizen spouse's married name on this form and list previous name/names" If she will use your last name from now on, then you put her new married name on all the AOS forms. The SSN does not control identity or the name change.

Her status is based on the I-94. There is no deadline to file for AOS. You just had to marry before March 4.

There is no need for a new medical if the K-1 medical was done within a year of filing for AOS. > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

Edited December 22, 2013 by Jay-Kay

[Pitaya 2,577]

Thought I would put it all together. TBone and others have each laid the process out:

Start making plans for your marriage now, you can shop for ideas, places, just don't make a hard and fast money down option you cannot change if their is a delay in the arrival date.

Two weeks after you arrive go and apply for your social security card, why wait two weeks, their will be no information in their system for them to reference. You can get the form on line and pre fill it in.

Once the social is in hand, get your drivers license or state id, depending on your state regulations and square away the banking and financial stuff.

Their are lots of nice simple quick options to make sure you are inside the 90 day window; Las Vegas everyone likes to go there, the local court house, or your local and or frequented church.

For example we invited or people showed up in Las Vegas about 20+, had a beautiful ceremony at Las Vegas Weddings in their chapel (holds about 150), spent a few days and had some fun.

Got her on my medical plan at work when we returned, completed her medical for AOS at a Civil Surgeon..

Filed for the AOS in the 90 day window, and had a very nice reception at our ranch about a month after we got married i.e., wedding cake, BBQ everyone attended even the guests who went to the wedding.

Just because the government has a time line does not mean you can adapt and overcome. Take lots of photos, save everything for your AOS filing and interview.

Order your wedding certificate(s) etc. on a rush and get an Apostille if needed from the secretary of state. Oh yea have fun and congratulations.

Agree, basically what we did quite similar (except hold the ranch, we opted for O&V, instead. ). My then-fiancee and step-son got into town and we were off to the races. We rushed to the courthouse to purchase the marriage license as that there is a 3-day waiting period before the marriage license is active. The next day went to the CBP Deferred Inspection Office to get step-son's I-94 error corrected. Got her signed up at SSN, got married at the courthouse 4 days after POE arrival, had a small dinner reception at the Space Needle restaurant. In the ensuing days, picked up multiple copies ($3/copy, a real deal!) of the certified marriage record from the county recorder's office 10 days later. It wasn't the "first rodeo" (marriage) for either of us, and we had to get the son enrolled in college, health insurance enrollment, ID cards, medical exams, etc. Sent in the AOS paperwork x 2 [K-1 & K-2], with a wad o' money, seventeen days later ..... So, we opted to have a nice quiet, secluded and romantic belated-honeymoon on the Oregon coast the following year, sent the son to visit relatives in the other Washington. Well worth the wait....

Like bigdog said, adapt and overcome. We tried to make it fun getting all of the bureaucratic BS taken care of ASAP. Luckily, it paid off for us, our AOS took 105 days to complete, even with a 'screwball' AOS interviewer.

Remember, this whole process is not a sprint, but rather a marathon, pace yourself. The end results are well worth the effort.