Help! Getting married after the 90 days

[luiza&matt 0]

Hello.

I'm the alien fiancé and I'm already in the US, I had till yesterday, the 23th, to be married. It didn't happen though, and now my fiance and I wanna figure out if it is still possible for us to keep on going with the process. As it was quoted in another topic in this forum, seen in NOLO.com:

"But if something happens and you were not able to marry within the 90 days -- yet the marriage is still what you want -- your best bet is likely to go ahead and marry. As long as the U.S. immigration authorities have not caught up with you before you are ready to submit the green card application, you should be able to apply for it through normal procedures, as explained below.

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It is similar to the Form I-129F that he or she filed in order to start the process of getting you a fiance visa, but this form is used for married couples.)

Because you are already legally in the U.S., the I-130 can be submitted with the rest of your green card application, which you will send by mail to U.S. Citizenship and Immigration Services (USCIS). Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouse’s willingness to support your application."

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html

We are wondering if this is for sure possible, specially considering that here in Kansas there's a three day wait to get a marriage license. We are aware of the risks of being unlawfully here, now that the time expired. Any advice is welcome!

One more thing: am I only allowed to work/study in the US after I have the green card in hands? Or can I look for a job as soon as we marry?

Thank you all!

[Harpa Timsah 13,258]

If you marry after the 90 days you can adjust by filing a concurrent I-130/I-485 application. You wasted $420 by doing this. Good luck.

[Boiler 45,742]

You can look for jobs anytime, you need EAD to work.

[luiza&matt 0]

I'm confused, am I gonna have to pay this fee one more time?

[belinda63 3,041]

Filing to adjust status from the K-1 is no longer an option as you did not follow-through as promised. You can marry and do a concurrent filing. This would be the I-130/I-485 filing. You can file for EAD and AP at the same time as the I-485 at no additional cost. Fees will be $420 for the I-130 plus $1070 for the AOS.

[Elizabeth+Fred 35]

I'm confused, am I gonna have to pay this fee one more time?

Yes.

By not marrying within 90 days, as you both promised to do when submitting the K-1 visa petition, you "lost" the K-1 status. Your foreign fiance is now in the U.S. illegally, as he is past the visa expiration date.

There are two options here. He can return to his home country as soon as possible, and then you can re-file a K-1 petition. That could raise a red flag, because you already "had your chance", and apparently did not take it.

The other option is to get married NOW (as soon as possible, and we're talking DAYS here, not WEEKS) and then file for CR1, using the I-130 form, together with the AOS filing. Yes, this will cost you the $420 for the new (I-130) petition. Additionally, you of course will have to pay the AOS fee later on.

[Ian H. 207]

Like everyone else mentioned you have to submit the I 130 together with the I485 at this point. You started to accrue unlawful presence the day after the K1 expired, but if it's been less than 180 days you won't be subject to the 3 year ban. You need to get married ASAP even if you don't have time to plan a decent wedding. Of course USCIS may wonder if you had a good excuse to not get married within the 90 day period. Also like mentioned above don't forget to file for your EAD that way you can at least have a document proving your legal status while your AOS is pending. I think the AP would be pointless at this point because you have already accrued "unlawful presence" and I wouldn't use it to leave the states. I'm not sure if the AP counts unlawful presence before or after the 180 days though. Also consult an immigration lawyer, just in case there's any other legal requirements you may have to be aware of. It's my understanding that the real issues arise when the K1 expires and you never marry the original fiancé or marry someone else. As long as you two get married soon and file the paperwork promptly, you should be fine. If you don't have the money for everything or all the documentation ready for the I 485 then at least start with the I130, but I seriously suggest you find every possible way to file both together right after you marry. Good luck!

[Boiler 45,742]

[Harpa Timsah 13,258]

Like everyone else mentioned you have to submit the I 130 together with the I485 at this point. You started to accrue unlawful presence the day after the K1 expired, but if it's been less than 180 days you won't be subject to the 3 year ban. You need to get married ASAP even if you don't have time to plan a decent wedding. Of course USCIS may wonder if you had a good excuse to not get married within the 90 day period. Also like mentioned above don't forget to file for your EAD that way you can at least have a document proving your legal status while your AOS is pending. I think the AP would be pointless at this point because you have already accrued "unlawful presence" and I wouldn't use it to leave the states. I'm not sure if the AP counts unlawful presence before or after the 180 days though. Also consult an immigration lawyer, just in case there's any other legal requirements you may have to be aware of. It's my understanding that the real issues arise when the K1 expires and you never marry the original fiancé or marry someone else. As long as you two get married soon and file the paperwork promptly, you should be fine. If you don't have the money for everything or all the documentation ready for the I 485 then at least start with the I130, but I seriously suggest you find every possible way to file both together right after you marry. Good luck!

This is totally BS.

Have you considered sitting back a little and reading here more, because you joined last week and you are answering every thread with wrong information.

Edited July 24, 2014 by Harpa Timsah

[Ian H. 207]

Ok seriously, are you out to get me? I said the same stuff everyone else said including yourself. I said she could apply for the AOS and I130 together did I not? What information am I giving incorrect this time when everyone else in the post is saying the same thing?

This is totally BS.

Have you considered sitting back a little and reading here more, because you joined last week and you are answering every thread with wrong information.

[Boiler 45,742]

To be fair Harpa is not exactly in a majority of one on this subject.

[Harpa Timsah 13,258]

Like everyone else mentioned you have to submit the I 130 together with the I485 at this point. Yes.

You started to accrue unlawful presence the day after the K1 expired, Yes, well, only if you meant instead the I-94.

but if it's been less than 180 days you won't be subject to the 3 year ban. No, the ban is earned upon exit.

You need to get married ASAP even if you don't have time to plan a decent wedding. Uh, I suppose.

Of course USCIS may wonder if you had a good excuse to not get married within the 90 day period. No.

Also like mentioned above don't forget to file for your EAD that way you can at least have a document proving your legal status while your AOS is pending. No. A person is granted authorized stay the whole time the I-485 is pending.

I think the AP would be pointless at this point because you have already accrued "unlawful presence" and I wouldn't use it to leave the states. No.

I'm not sure if the AP counts unlawful presence before or after the 180 days though. From day 1, but not really relevant for this situation.

Also consult an immigration lawyer, just in case there's any other legal requirements you may have to be aware of. Okay, not really needed for this, but okay.

It's my understanding that the real issues arise when the K1 expires and you never marry the original fiancé or marry someone else. Very different things.

As long as you two get married soon and file the paperwork promptly, you should be fine. Yes.

If you don't have the money for everything or all the documentation ready for the I 485 then at least start with the I130, but I seriously suggest you find every possible way to file both together right after you marry. Good luck! No point in sending a stand alone I-130, as it does not speed anything up and does not confer any legal status.

You asked, so what have we got... 3/12?

Everyone makes mistakes from time to time, but a very new member, making mostly mistakes, it just makes the right information muddled and doesn't help anyone.

Edited July 24, 2014 by Harpa Timsah

[Ian H. 207]

The problem is that she keeps bashing on every post I make. I didn't suggest anything different from what everyone else did, so why is she attacking me only? I am not giving the OP "incorrect" info because if she and her fiance are still willing to get married they can still do so and file their paperwork. The instructions say that if the failure to marry was through no fault of their own or for technical reasons they can still apply for AOS. Again since it is a complicated situation is why I suggested the OP to consult an attorney. The fact that she is over the 90 days doesn't mean she still can't get married and file for AOS.

To be fair Harpa is not exactly in a majority of one on this subject.

[Boiler 45,742]

You asked, so what have we got... 3/12?

Everyone makes mistakes from time to time, but a very new member, making mostly mistakes, it just makes the right information muddled and doesn't help anyone.

3/12 is getting better,

A lot better.

[Harpa Timsah 13,258]

The problem is that she keeps bashing on every post I make. I didn't suggest anything different from what everyone else did, so why is she attacking me only? I am not giving the OP "incorrect" info because if she and her fiance are still willing to get married they can still do so and file their paperwork. The instructions say that if the failure to marry was through no fault of their own or for technical reasons they can still apply for AOS. Again since it is a complicated situation is why I suggested the OP to consult an attorney. The fact that she is over the 90 days doesn't mean she still can't get married and file for AOS.

Serial misinformation is damaging to the forum. Nothing personal, I wish for you to study up some more and contribute with correct information. Good luck to you.