K1 visa expiring on Nov 14 and plan to marry on that day....is it still safe?

[asianculture 14]

November 14 is the entry date

Oops! Correction, her I-94 expires on the 14th.

[asianculture 14]

Sorry about the confusion.....her I-94 is expiring on Nov 14, she entered the USA on August.

[Ian H. 207]

Ok. That said your friend should go and get married ASAP. The 14th is this Friday, and Tuesday is a holiday. Some places require a waiting period, like mentioned previously, before getting married.

It would be advisable that she is aware of the requirements to get married in her state. She doesn't have to do a wedding ceremony or anything like that, she can do that at anytime. The important thing is that she gets legally married first.

Also please remember that applying for a marriage license doesn't make one married, the marriage must be solemnized first, which may or may not happen on the same day if there is a waiting period involved.

[landr 126]

She MUST get married by Nov 14. Otherwise, she'll need to submit the I-130 with her AOS package.

The other thing is that she won't be able to submit her AOS package without the marriage certificate. And it can take up to 8 weeks to get a certified copy, depending on the location where she gets married. During that time, she'll be out of status and may be liable to removal proceedings as she won't have any documentation that shows authorisation to remain in the country. When she files for AOS and gets her NOA1, she can show that.

If I were your friend and could not marry any earlier than Nov 14, I would research all the methods of getting that marriage certificate early and start putting together the AOS package.

She's left it very late and one wonders what she's been doing for 3 months if she hasn't been preparing for an early wedding to then file AOS asap.

[asianculture 14]

It's the guy who choose that date and for her she want to get married right away....I don't understand the logic because that's a very critical date already, but I can only do so much I told her to convince her BF to get it done sooner than Nov 14..... I wish her good luck! And thank you so much for all your advise, very much appreciated.

[landr 126]

Very frustrating for your friend. I hope she doesn't have as much trouble with him dragging his feet over AOS! Best of luck to her, hope it all works out.

[d3adc0d3 186]

The beneficiary needs to be married by November 14th, 2014 23:59, and this needs to be done legally by an officiate. The wedding licence/certificate is simply a slip of paper from the town/city stating they have permission to get married. The officiate is who marries them.

The issue with going down to the wire about it is that if there's a paperwork error or otherwise it can cause issues; you risk much by procrastinating.

Find out if their state and city require a waiting period after applying for a wedding license. Some states do, some do not. If the waiting period does not fall within that date, than they will need to seek the surrounding states to see who will marry them ASAP.

[Asia 2,498]

The beneficiary needs to be married by November 14th

Not true. The beneficiary needs to be married within 90 days after POE.

The POE will be on November 14th.

[landr 126]

Not true. The beneficiary needs to be married within 90 days after POE.

The POE will be on November 14th.

Asianculture clarified in post #17 that her friend arrived in the US in August (POE) and that her I-94 expires on November 14. Therefore, her friend must get married by November 14.

[d3adc0d3 186]

Not true. The beneficiary needs to be married within 90 days after POE.

The POE will be on November 14th.

According to OP Nov 14th is 90 days:

Sorry about the confusion.....her I-94 is expiring on Nov 14, she entered the USA on August.

[asianculture 14]

Guys she already consulted a lawyer and he said it's fine.....so thank you for your input and have a great Monday to all!

[hopeful 4 XMas 19]

I ran this past a friend who is an attorney and although she is not an expert on the K-1 Process she called a friend who is and they said, yep as long as it is by 23.59 hours on the date the I-94 expires they are good to go.

But the expert attorney said they STRONGLY advise against this, a car accident, an illness anything can cause a glitch and delay the marriage ceremony, thus can cause a couple a nightmare of headaches.

They also said, said the following although un-related to the question, I will post anyways.

If a couple is not sure about the marriage they should be doing the K-1 visa process to begin with, so there are very few good reasons to wait to the last minute unless the are awaiting the arrival of family members from the beneficiary's home country.

Another note, is most beneficiary's do not have health care coverage when they arrive and they have seen many couples get hit hard from a medical emergency or a car accident injury, or out enjoying themselves somewhere and the beneficiary breaks a limb.

Lastly, they said if it is close to the end of the year get married before 23.59 hours on December 31st and take advantage of the joint tax break for filing a joint tax return. Now who on here is going to say they could not use a little extra on their tax return for this year. : )

[asianculture 14]

I ran this past a friend who is an attorney and although she is not an expert on the K-1 Process she called a friend who is and they said, yep as long as it is by 23.59 hours on the date the I-94 expires they are good to go.

But the expert attorney said they STRONGLY advise against this, a car accident, an illness anything can cause a glitch and delay the marriage ceremony, thus can cause a couple a nightmare of headaches.

They also said, said the following although un-related to the question, I will post anyways.

If a couple is not sure about the marriage they should be doing the K-1 visa process to begin with, so there are very few good reasons to wait to the last minute unless the are awaiting the arrival of family members from the beneficiary's home country.

Another note, is most beneficiary's do not have health care coverage when they arrive and they have seen many couples get hit hard from a medical emergency or a car accident injury, or out enjoying themselves somewhere and the beneficiary breaks a limb.

Lastly, they said if it is close to the end of the year get married before 23.59 hours on December 31st and take advantage of the joint tax break for filing a joint tax return. Now who on here is going to say they could not use a little extra on their tax return for this year. : )

You know what, I ended up scratching my head on this issue....but the date is final, she said they are getting married on Nov 14, so I hope and pray that the world won't end on that day...thanks my friend!

[Asia 2,498]

According to OP Nov 14th is 90 days:

Thanks for clarification I think I missed that info.

[hopeful 4 XMas 19]

I agree I read the entire thread and I was very confused in the beginning as well,