HELP!!!

[AstroM33 0]

Hi everyone,

I was wondering what everyone thought was the best method to not miss the deadline to get married. When my fiancée arrived at the airport I thought they would give her SOME sort of document that would not only tell us by when we had to get married, but also documents to prepare. Obviously that was not the case. Now obviously the process of simply getting a K-1 visa makes planning anything but the simplest wedding a near impossibility. My fiancée and I have been trying to put together a nice wedding, but I think we are going to give that up and just get married in a courthouse or something. My question, then, is whether getting married in a courthouse simply to allow her to stay here rather than a more formal wedding in any way jeopardize her AOS?

Also, does anyone know if htere is a deadline to file for an adjustment of status once we are married? I'm sure that is the process right? We get married and then file for an AOS?

Thanks for everyone's help. And by the way, my fiancée has been here since Nov. 30th and I think I have had the happiest month of my life. Christmas and New Year's Day was a bit tough on her, but she weathered it considerably well. I hope everyone's journey is going along as well as ours.

[raymaga 25]

After your fiance's arrival in the U.S. with the K-1 Visa, you have 90 days to get married (not 3 months, but 90 days).

After your marriage, you apply for AOS (and EAD and AP if wanted).

Having a courthouse wedding will not jeopardize your AOS application at all. As long as you have a marriage certificate to send along with the AOS application, that's all USCIS is concerned about. You can always have a bigger wedding later if you want to, whenever the timing would be better.

So, just make sure you marry within 90 days of your fiance's arrival and submit your AOS paperwork as soon as you receive your Marriage Certificate.

Good luck.

[Kathryn41 3,205]

I can appreciate how frustrating it is to try and plan a big wedding within the 90 day time limit, however, the most important thing of all is to get married within that time limit even if it means forgoing a big wedding for the time being. Your fiancee should have received an I-94 card stapled into her passport when she entered the country and activated her K-1 visa. It is valid for 90 days and is important because first, it states the date by which you need to marry, and second, a copy needs to be included with the AOS application as proof that you married within the 90 days. What many couples have elected to do is to have a legal courthouse marriage within the 90 days, then plan a larger more formal ceremony at a later date which will allow the time necessary for planning the details. You will not be penalized for having a small legal ceremony first as long as it is held within that critical 90 day period. While there isn't a deadline by which to file the AOS, your fiancee's legal status expires on the same date the I-94 expires. Filing the AOS restores her status as "AOS applicant" but she will accrue out of status days between the I-94 expiry and the AOS submission. That can become a problem if she wishes to leave the country (for emergency family reasons) using an Advance Parole before the AOS is approved. It is best to file before the 90 days expires or soon afterwards. A few days won't be a problem but you don't want to accrue 180 days as that would prevent her from being allowed back into the country even if she did have permission with an AP.

Congratulations, and good luck.

Edited January 5, 2007 by Kathryn41

[Miranda&James 8]

Go to the courthouse, get married, and then if it's still really important to you plan a big nice wedding/party/whatever you want so you can celebrate with all your friends and family. I really didn't want to do that but knew it was a risk we were taking (not having our "real" wedding be a fancy one and in a courthouse) when we undertook the K1. Luckily for us it worked out that we took the risk and planned a big wedding and the visa came in time but even if it hadn't, at least we were together You can still have your nice wedding party, just be sure you get the legal marriage done within that 90 days!

Oh, and I agree that they should give you a lot more information on what steps you're supposed to take but sadly they don't. They do emphasize pretty heavily that you must be married within 90 days of your K1 though so you should be able to calculate that from the date of entry or find the expiration date on the I-94. Thank goodness for Visa Journey to tell us how to do everything else!