K-1 Married within 90 days, but may just pass 90 day mark for AOS, Am I okay?

[Nikikita 3]

Hello,

Hope you guys can help clear this up and ease my worries!

Fiance arrived 10/28, K-1 and I-94 expires 1/25.

We are planning on getting married in SF City Hall (about 4 hours drive from us) on 1/19.

We are getting married late for several reasons. My work schedule is crazy during the holiday season and I won't have many days off until after NYE, my mother was recently diagnosed with cancer and we are helping her through her chemo treatments, etc etc.

Anyway, SF says on their website that they DO NOT do expedited marriage certificates and everyone HAS to wait 2 weeks to receive their official certificates. I've heard of asking to take the marriage certificate to the county clerk's office yourself and asking for a copy day off, but it seems that it depends on who you get that day on whether or not they will let you do it.

That being said, even though we will be married within 90 days, we may not have our AOS filed until shortly after 90 days. (We will begin filling out all the paperwork now until then). In the case that our AOS is filed after the 90 days, other than being out of status, will there be any other consequences like fees or forms associated?

Even though I understand that the earlier we get married the better it is for the paperwork. I would still like it to be special and SF is where I would like to go, and would like my mother to be healthy enough to join us.

However, if there are additional fees and consequences associated, then I would reconsider doing something like eloping next week.

I'm very grateful he is finally here and know that my "special" wedding isn't as important as getting the paperwork done and keeping him here-- but I just don't want to let go of my wedding dream yet!

I've considered eloping now and doing a vow renewal in SF later on with my family but unfortunately city hall will not do ceremonies for already married couples, and I do not have the money to shell out for renting the entire space at this time.

Any advice would be appreciated! Even if it is harsh and I just need to let go of my SF city hall dream!

I really need some unbiased opinions from people who have been through this process. My fiance is trying his best to make me happy, but really doesn't know about how to comfort me in this situation.

[Tim/Mav 305]

No worries. Just send the $1,070.00 for the AOS. There is not a Penalty for filing late.

[KayDeeCee 4,893]

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

You just follow the AOS guide here on VJ. No extra fees needed, unless the K-1 medical is over a year old before filing. In that case, you will need to pay for a new medical.

[Theboz 10]

Thanks for this question, we too. were wondering about this. Although, we should be turning our AOS in this week, our 90 in on Dec. 10th

[Darnell 8,478]

In the case that our AOS is filed after the 90 days, other than being out of status, will there be any other consequences like fees or forms associated?

No. is no rule to file the AOS within validity of I-94 at all.

Is only a rule to get married within the validity dates of the I-94.

[Nikikita 3]

Thank you everyone!

I'm very excited to start my new life with my Fiance but also have the special beginning of marriage that I envisioned!

Happy Thanksgiving and Happy Holidays to everyone!

[Nikikita 3]

One more question...

@Darnell maybe you can help? (Since it is China)

Fiance deferred his vaccinations for when he arrived in the States. Does anyone have any suggestions on when/where to get them? Will it be cheaper to get them before we are married or wait until after we are married and I can put him on my insurance-- which may delay my AOS application even longer.

Thanks!

[Darnell 8,478]

oh man - Medical place in Guangzhou was the cheapest in the world, for the required vaccinations.

However - you can also go to any Hispanic Clinic, get them done for small money, nowish,

having shot record made and put into an International Shot Record Book.

[menina 50]

We went to our local health department for some of the vaccines. It was very inexpensive.