K1 Visa - What to do once married...

[bee.reinholz 0]

My fiance arrived here on April 4th and we are getting married on June 29th. His I-94 expires on July 2, and we are planning on sending everything in for his AOS on June 30th (we're preparing it all now.) I know it's cutting it close, and we had planned on getting married at a courthouse beforehand but it just hasn't happened. I just want to make sure he won't have to leave because we will have legally married within 90 days. Is this true?

Thanks!

[sweet cakes 326]

My fiance arrived here on April 4th and we are getting married on June 29th. His I-94 expires on July 2, and we are planning on sending everything in for his AOS on June 30th (we're preparing it all now.) I know it's cutting it close, and we had planned on getting married at a courthouse beforehand but it just hasn't happened. I just want to make sure he won't have to leave because we will have legally married within 90 days. Is this true?

Thanks!

Yep. He shouldn't leave.. There is no real deadline for filing AOS, but it is highly advisable for people to file it the soonest possible time after getting the marriage certificate (NOT the marriage license). As long as you guys got married within the 90 days from POE, you're fine.

[Zedayn 485]

No deadline for filing AOS, you just need to marry within 90 days.

[Penguin_ie 5,997]

**** Moving from K1 to Adjustment of Status from Family Visa forum, the process the Op is asking about *****

[Girl from Celebes 588]

My fiance arrived here on April 4th and we are getting married on June 29th. His I-94 expires on July 2, and we are planning on sending everything in for his AOS on June 30th (we're preparing it all now.) I know it's cutting it close, and we had planned on getting married at a courthouse beforehand but it just hasn't happened. I just want to make sure he won't have to leave because we will have legally married within 90 days. Is this true?

Thanks!

Yes, it is true. You have to get married within 90 days from the day his admitted to the US. And it would be wiser not to leave before file adjustment of status. At least file I-485 with I-131 (advance of parole) in case he needs leave the country before green card in hands. Like other said, be aware when file AoS. Some people can't distinguish between marriage license and marriage certificate though both of those on the same paper. Also aware how long it takes to get your marriage certificate. In Florida, married couple would received the certified copy about 3 weeks after the marriage. But in other states, you can get your marriage certificate right after the vow.

Another thing make sure arranged to get marriage license accordingly. Some states allow you to get married a few days after applied it. In case you are not aware you get permission to get married after I-94 is expired.

[Hank_ 9,174]

My fiance arrived here on April 4th and we are getting married on June 29th. His I-94 expires on July 2, and we are planning on sending everything in for his AOS on June 30th (we're preparing it all now.) I know it's cutting it close, and we had planned on getting married at a courthouse beforehand but it just hasn't happened. I just want to make sure he won't have to leave because we will have legally married within 90 days. Is this true?

Thanks!

No time restriction for filing AOS, as long as you are married within the 90 days all is good.

You will need a certified copy of the marriage certificate for AOS, not just a photo copy.

It only took us two hours at county records to get that done, not sure how things work where you are.

Edited June 21, 2014 by Hank_

[KayDeeCee 4,896]

Just a photocopy is all that is required and asked for. You get your marriage certificate from the court once the marriage has been registered. It is certified by the court with a stamp/seal and/or signature of the court clerk. You make a copy of that certified marriage certificate and send that copy with your AOS paperwork. IF you should happen to have an interview, then bring along the actual marriage certificate you received from the court in case they want to see the 'original',

From the I-485 instructions >

Page 2:

Copies. Unless specifically required that an original document be filed with an application, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not be automatically returned to you.

Page 4:

B. Based on admission as the K-1 fiancé(e) of a U. S. citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval notice, a copy of your marriage certificate, and your Form I-94, Arrival/Departure Document.