Help! Getting married after the 90 days

[luiza&matt 0]

I understand that and genuinely mean it, hence why I cleared original post. BUT the whole process of the K1 is leading to getting married within 90 days. It takes very little money to go to a courthouse and legally marry. But, I hope they do soon and continue successfully with their journey. Just maybe better prepared for upcoming expenses.

Obviously it wasn't the costs of a $30 marriage license that kept us from doing it within the 90 days.

Edited July 24, 2014 by luiza&matt

[Ian H. 207]

Also I forgot to mention, don't worry about your income as long as you can find a sponsor that makes above the 125% poverty level. There are people on welfare that use joint sponsors. My cousin's wife was on TANF and her brother was the joint sponsor and he only made about $500 more than the poverty guidelines for a family of 3 and they didn't even question it. So if your financial situation is in the rocks, just make sure you find someone who makes the 125% on his own and they don't have to be related in any way to you or your spouse.

Obviously it wasn't the costs of a $30 marriage license that kept us from doing it within the 90 days.

[visaqueries 111]

Just as an FYI, Missouri has no wait for marriage licenses. You can get married on the same day as you get your license, and you can get the official certificate on the same day you turn in the paperwork from the officiant. In theory it could all be done on the same day. If you are on the border between MO and KS, it's another option if you want to marry without delay.

http://jacksongov.org/content/3310/3356/3358/default.aspx

[cdneh 3,112]

Obviously it wasn't the costs of a $30 marriage license that kept us from doing it within the 90 days.

You've stated you couldn't afford to marry, as you knew you had to to, in the timeframe you had to work with. 30$ is what a legal courthouse wedding would have run you. So, is there another reason you haven't stated, why you could not comply with the terms of the Visa? The requirements set down are not simply a guideline, that you can choose, or not, to follow.

And just quietly, I'd hestitate to use that excuse with USCIS, when you apply for AOS. You do have to prove the beneficiary will not be a public charge.

[luiza&matt 0]

You've stated you couldn't afford to marry, as you knew you had to to, in the timeframe you had to work with. 30$ is what a legal courthouse wedding would have run you. So, is there another reason you haven't stated, why you could not comply with the terms of the Visa? The requirements set down are not simply a guideline, that you can choose, or not, to follow.

And just quietly, I'd hestitate to use that excuse with USCIS, when you apply for AOS. You do have to prove the beneficiary will not be a public charge.

No, I said our financial situation CHANGED when I got here.

[Ryan H 3,818]

~~~Closed for review.~~~

***Thread back open, several bickering and derailing posts removed Post containing personal attack also removed. Cease and desist with bickering and personal attacks; any more posts of that nature will result in thread bans and other Administrative Action if warranted.***

Edited July 25, 2014 by Ryan H

[sheldonsgirl 19]

I agree

We really don't need judgments, the reasons why my fiance and I couldn't get married is our business only. If you have helpful information, great; if not, save your comments to yourself.

Funny how people get out of their ways only to be judgmental. We don't care about your sympathy.

[zinger143 3]

When I did our K-1 visa the first time my fiancée overstayed 90 days after the 90 day visa. We went to the immigration office and they said their only official advice would be he had to leave the country, but once they leave, ANY OVERSTAY OF THE VISA, even one day, will result in a penalty. So they suggested going to an immigration lawyer for further advice, AKA, don´t go home. Now you could file waivers and the such if they went back, but it is better to stay, get married, and since they entered legally it makes your case easier for your fiancée to stay and not get deported. I would say marry now, and figure out the paperwork, don´t go back because you´ll be stuck with at least 3 years or a lot of money for fees and waivers and exceptions, etc.

[Jon York 156]

You need $420 for the I 130 and $1070 for the I 485. Don't forget to file the I 765 for the EAD, even though it says there's a fee in the instructions, it's free if you submit it together with the I 485. You would also need to submit the other documentation the form requires like the affidavit of support and all that stuff. Unless you already have them, some of these docs may take you a while to get, like the tax transcripts and if you're using a joint sponsor their docs as well. I wonder if you could submit the application with the most important stuff and send anything else in when you get RFE'd?

What do you mean it may take some time to get the tax transcripts? You just go here http://www.irs.gov/Individuals/Get-Transcript, login and you can have them in less than 2 minutes! It's just as fast for co-sponsors too.

Edited July 25, 2014 by Jon York

[NikLR 13,228]

You would have saved yourselves $420 had you gotten married within the 90 day window, but what is done is done. Follow this guide to the letter. You will now be just adjusting your status as if from a tourist visa. Any future posts should go in that forum.

http://www.visajourney.com/content/i130guide2

[Ian H. 207]

I am aware that you can order transcripts online, however some people have problems obtaining them online because they may not be able to verify their identity or other technical issues. This is why key words are important here. I said it "may" take some time to gather the documents, not just the tax transcripts. It's obvious that when the OP goes online to order the transcripts, he would see the option of getting them online.

What do you mean it may take some time to get the tax transcripts? You just go here http://www.irs.gov/Individuals/Get-Transcript, login and you can have them in less than 2 minutes! It's just as fast for co-sponsors too.

[TBoneTX 45,654]

One nonresponsive post has been removed (commenting inappropriately on another member and lecturing another). This thread is in peril of being locked.

VJ Moderation

[funkymunky 11]

You can also call the IRS and have them fax you your tax returns, it's a little tedious by phone but you will still have them by the end of the day. Everything else is pretty straight forward, just make sure you copy everything you send them so you have a record of what was sent.

There's no point arguing about why you let the time lapse on your K1, you can only look forward at this point.

Have a small court house wedding and file the appropriate forms I-130 & I-485 like everyone has told you to do. You can always have a nice big ceremonial wedding later.

Definitely don't leave till you have your AP either or your application will be considered abandoned. Also the cheque is for the combined fee not individual cheques for each fee - we oopsied this when filing the first time lol. Get on it and Good luck!

[Elizabeth+Fred 35]

So if by Tuesday or Weds next week we have a marriage certificate - what should we immediately do following that? As far as what fees we will immediately have to cover next week, what will they be?

As soon as you have the marriage certificate (meaning, you two are married and have the paperwork to prove it :-) you should immediately file an I-130 petition (similar to the I-129F you already filed, but this one is for people who are already married), and file that TOGETHER with the usual AOS forms (I-485 Adjustment of Status, I-131 Advance Parole, and I-765 for Employment Authorization) so they can (and, usually, will) be processed together. Yes, this means you will have to pay the fee for I-130, sorry, because your K-1 (for the I-129F) is no longer usable.

Of course, you will also have to pay the fees for the I-485 procedure, but you would have had to pay those anyway. Currently, these are $985 for the filing itself, plus $85 for the biometrical stuff (page 5 of I-485 instructions, just so Harpa doesn't yell ;-)

So, please, get this done SOON... very soon. So far, you only "lost" whatever you paid for the K-1, and some time. It's still fixable, but you have to get going on it!

[Ryan H 3,818]

One additional post removed and two members thread banned for not following my prior warning.