What if we got married later than 90 days?

[Maria&Derrick 22]

Hi everyone.

The situation is that my visa expires Feb 17, we decided to wait until last two weeks to make sure it's working out and we have made the right decision.

But last week my fiance had some major problems, that were more important so we couldn't start the process.

Today we finally wanted to apply for marriage license, but they didn't accept the copy of my birth certificate and its translation (they said they need certified translation, and though it was made by translation agency in Ukraine, I didn't know I will need this document, so I only had translation on A4), I also don't have original of my birth certificate here with me so it may take couple days for my parents to send it to me.

 

So due to this circumstances, what if we won't be able to get married in time and do it couple days later?

Can anyone explain what circumstances would be?

 

I know its our fault and we shouldn't have waited until the last days, but we can't change the past now

[Suss&Camm 2,213]

9 minutes ago, Maria&Derrick said:

Hi everyone.

The situation is that my visa expires Feb 17, we decided to wait until last two weeks to make sure it's working out and we have made the right decision.

But last week my fiance had some major problems, that were more important so we couldn't start the process.

Today we finally wanted to apply for marriage license, but they didn't accept the copy of my birth certificate and its translation (they said they need certified translation, and though it was made by translation agency in Ukraine, I didn't know I will need this document, so I only had translation on A4), I also don't have original of my birth certificate here with me so it may take couple days for my parents to send it to me.

 

So due to this circumstances, what if we won't be able to get married in time and do it couple days later?

Can anyone explain what circumstances would be?

 

I know its our fault and we shouldn't have waited until the last days, but we can't change the past now

I believe you might have to send along a i-130 petition just like anyone else that got married on another visa or on overstay (to USC)... the K1 won't be valid, or rather it's stipulations won't have been fulfilled

 

and I'm really sorry about your bad luck in this case...

Edited February 10, 2017 by Suss&Camm

[A'n'L 735]

Your husband will have to send an i130 (and payment, supporting docs) along with your AOS and EAD/AP application. You can follow the guides for adjustment from other visas (not K1).

[A'n'L 735]

Wait, just to clarify, are you really talking about your visa expiration or your i94 validity? The requirement is to get married within the first 90 days of entering on the K1, the visa expiration itself has nothing to do with it.

[Maria&Derrick 22]

4 minutes ago, A'n'L said:

Wait, just to clarify, are you really talking about your visa expiration or your i94 validity? The requirement is to get married within the first 90 days of entering on the K1, the visa expiration itself has nothing to do with it.

Not sure what you mean. 

We have to get married before Feb 18. 

(Yes, I came on K-1)

I was just wondering what we should do if we did it couple days later. 

[aaron2020 11,651]

What date did you arrive in the US?

[Maria&Derrick 22]

4 minutes ago, aaron2020 said:

What date did you arrive in the US?

Nov 20.

Yeah, it doesn't expire Feb 17, it's just the last day I can stay here unless we get married. 

Hope you understood me, my English is still messed up, sorry ? 

[Ash.1101 1,756]

A lot of people don't realize that the visa itself expires upon entry. 

I'm sure he's talking about the I-94, as he's in the US at the moment.


With that said, if you do not marry within the 90 days given, you will have to add on the I-130, as you did not meet the criteria for the K-1 visa. IDEALLY, you're suppose to leave if not married within the 90 days, but most people that wait this long to marry usually don't marry.

Edited February 10, 2017 by Ash.1101

[aaron2020 11,651]

9 minutes ago, Maria&Derrick said:

Nov 20.

Yeah, it doesn't expire Feb 17, it's just the last day I can stay here unless we get married. 

Hope you understood me, my English is still messed up, sorry ? 

Here is the deal.

 

If you get marry after Feb. 17, then you will not meet the requirement of the K-1 to marry within 90 days.  You become a K-1 visa overstay.  Your husband will need to file all the AOS documents AND file and pay for the I-130.  That's the only difference between getting married within the 90 days and getting married after the 90 days; the additional requirement to file the I-130.  It's that easy.

[geowrian 22,337]

The main practical issue is that you will need to file the I-130 with your AOS.

 

That said, you will not be in the US legally between the start of your overstay and when you file for AOS. There is a (very slight) risk of getting detained and having removal proceedings opened during this period. The real risk is between the start of the overstay and when your get married - during that time, you have no legal claim to fight the removal and the situation becomes more complicated.

[Maria&Derrick 22]

Ok, thank you all guys for your help

[caliliving 606]

Thats pretty simple, u just apply for an AOS. I guess its no different then someone waiting too long to file paperwork..and in ur place whether u marry now and file or file later ur going to overstay which is forgiven...it will just cost a bit more so i wouldnt stress. Do whatever is easier for u

[EM_Vandaveer 2,408]

11 hours ago, caliliving said:

Thats pretty simple, u just apply for an AOS. I guess its no different then someone waiting too long to file paperwork..and in ur place whether u marry now and file or file later ur going to overstay which is forgiven...it will just cost a bit more so i wouldnt stress. Do whatever is easier for u

Except they'll have to file an I-130 as well, whereas someone who got married within the 90 days and then didn't file AOS for years wouldn't have to.

[Zoubir2000 3]

I don't know how it is in the Ukraine,  but you could ask your Mom or Dad to get a new birth certificate, have them translate, then notarize/certify it and overnight it to you (i.e. DHL). It may cost you a couple hundred dollars and a couple of days to get it and "save the day", but it may be your best bet!

Edited February 11, 2017 by Zoubir2000

[Maria&Derrick 22]

It all ended well eventually, didn't need the original of birth certificate, but my parents made certified translation in agency and sent me scan of it with all the seals and stuff.

Got married today