90 day window for marriage

[amelynn43 0]

I know we have 90 days to get married on a K-1 Visa...is that 90 days to get married or 90 days to have all of the paperwork (including marriage license) filed. We were told by the Clerk's office that it will take up to 3 weeks to get a certified copy of the marriage license once we are married, so we are worried that we will be married iwthin the 90 days but may not have the paperwork back. Please let me know if you have any information on this. That would mean we would only have about 70 days from the time he entered the country to get married. Thank you for your help

[Dr_LHA 3]

Its 90 days to get married. You can file AOS outside of that 90 day window no problem, but you must get married within the 90 day window, or else you'll have to file an I-130 I believe.

[Amby 490]

We got married about a month after my husband got here from England and our marriage certificate came about 3 weeks later and we still had plenty of time to get all of the forms in. I would have them all filled out and ready to go just waiting for the marriage certificate. That's what we did and it worked out well

[Dr_LHA 3]

We got married about a month after my husband got here from England and our marriage certificate came about 3 weeks later and we still had plenty of time to get all of the forms in. I would have them all filled out and ready to go just waiting for the marriage certificate. That's what we did and it worked out well

Yes, but you don't need to rush to get in before 90 days. Just get them in as quickly as you can.

[STL_HCMC 0]

We waited and filed nearly a month after my wife's I-94 expired and we were approved with no problems.

STL_HCMC

[flutter95 4]

I didn't want to wait forever on my marriage certificate to come through so I took it back to them myself and they made a copy for me there.

I know that can't happen everywhere but for where it can, its a help.

That said, I didn't get my paper work sent off till this week and my I-94 expired yesterday

[brtlmj 0]

In theory you have to both marry and file for AOS within 90 days. However, I have never heard of anyone having problems because of sending the AOS papers late. So, don't worry about it.

[notrepetiteashley 0]

In theory you have to both marry and file for AOS within 90 days. However, I have never heard of anyone having problems because of sending the AOS papers late. So, don't worry about it.

Not true. The actual language states you must "apply promptly" after you get married. Nowhere does it say the forms must be submitted within 90 days. Only that you must marry within 90 days and apply promptly thereafter. The word "promtly" is vague, but it certainly does not mean you "have to both marry and file for AOS within 90 days."

Cheers.

[brtlmj 0]

In theory you have to both marry and file for AOS within 90 days. However, I have never heard of anyone having problems because of sending the AOS papers late. So, don't worry about it.

Not true. The actual language states you must "apply promptly" after you get married. Nowhere does it say the forms must be submitted within 90 days. Only that you must marry within 90 days and apply promptly thereafter. The word "promtly" is vague, but it certainly does not mean you "have to both marry and file for AOS within 90 days."

Cheers.

Here we go again If you do not apply withing 90 days, you are out of status, and illegally in the US. Sure, it will be forgiven when you apply for AOS, but the fact remains.

[notrepetiteashley 0]

What are the consequences of being "out of status" if the intended immigrant is married to a US citizen and intends to file the paperwork and will file the paperwork, just not within 90 days? Say within....100 days?

I know what you're saying. ;-) I just wonder...

[Dr_LHA 3]

Here we go again If you do not apply withing 90 days, you are out of status, and illegally in the US. Sure, it will be forgiven when you apply for AOS, but the fact remains.

Actually its not that clear if you are out of status if you have fulfilled the requirements of the K-1 (i.e. getting married within 90 days).

[brtlmj 0]

What are the consequences of being "out of status" if the intended immigrant is married to a US citizen and intends to file the paperwork and will file the paperwork, just not within 90 days? Say within....100 days?

As far as I know, there are no consequences. It's a technicality.

Of course, if someone thinks that marrying within 90 days alone makes him/her legal, and never applies for AOS, (s)he can expect problems down the road...

[notrepetiteashley 0]

What are the consequences of being "out of status" if the intended immigrant is married to a US citizen and intends to file the paperwork and will file the paperwork, just not within 90 days? Say within....100 days?

As far as I know, there are no consequences. It's a technicality.

Of course, if someone thinks that marrying within 90 days alone makes him/her legal, and never applies for AOS, (s)he can expect problems down the road...

Oh yes, this is very true. And I feel sorry for anyone who is that ignorant. Although I do not doubt that they are out there. When my husband and I first started this process, we were way stupid about it and had no one to help us. Yikes.

We're okay, though.

[Robin28 2]

I didn't actually file for AOS untill a couple days after my I-94 ( and my childrens ) expired .. I talked to someone @ the 1-800 " missinformation " line and they basicly said .... all we can tell you is that you should file as soon as possible .. i was put on hold while the man i was asking went to ask someone else ! He came back and said the same thing .. there is no answer to your question ! He did say though i should file for my AOS ASAP, but the kids could wait ?!?! I didn't ask him to elaborate on that because i planned to send all three I-485's regardless .. It's totally a grey area as far as i understand and i have read posts that many VJ'rs have waited a year or more to file for AOS after the I-94 expires and had no problems.

[Yodrak 7]

dr_lha,

The CBP agent at a US POE will make it crystal clear if a K1 who married within 90 days has not filed for adjustment within 180 days of of the expiration of the I-94, has left the USA for a trip abroad, and requests to re-enter. (Advance parole or not.)

"See you in 3 years." (or 10, as the case may be)

Yodrak

Here we go again If you do not apply withing 90 days, you are out of status, and illegally in the US. Sure, it will be forgiven when you apply for AOS, but the fact remains.

Actually its not that clear if you are out of status if you have fulfilled the requirements of the K-1 (i.e. getting married within 90 days).

Edited March 19, 2007 by Yodrak