How long after marriage do we have to file?

[Drewjc 0]

Not sure if this is the right forum but we just got married and her visa expired a week after we got married. 

 

I thought the process was cheaper then found out it was over 1k to file everything. 

 

This will take me like 2 months to get this money. 

 

 

Are we ok that her visa is now expired and should we be worried about her getting deported?  

[Redheadguy03 505]

So, she entered on a k1 visa and you got married within 90 days of her entering correct? 

 

You are ok as long as you get married within 90 days, but I'd suggest trying to borrow the money or something. Because technically she's out of status, once you file the out of status is forgiven. However, the process takes a while, so it's definitely better to try and get it filed as soon as possible, not to mention being in status is obvious better. 

[Crazy Cat 42,595]

She has no legal status here in the US.  .If I were you, I'd get her AOS started asap !!  Then she would be in an authorized stay status...

[Drewjc 0]

She came here on a j1 aupair visa.   We got married and a week later her visa expired.  I could probably borrow or get the money if this was a problem.   She came to the USA legally 

[Drewjc 0]

Just now, missileman said:

She has no legal status here in the US.  .If I were you, I'd get her AOS started asap !!  Then she would be in an authorized stay status...

Yeah im printing everything out now and I think I can have it ready to file with the money in a month.   She is on a 1 month thing where she is supposed to leave in 3 weeks 

[Crazy Cat 42,595]

Just now, Drewjc said:

Yeah im printing everything out now and I think I can have it ready to file with the money in a month.   She is on a 1 month thing where she is supposed to leave in 3 weeks 

Are there other considerations?  J-1s can be more complicated.

Edited October 24, 2017 by missileman

[Drewjc 0]

7 minutes ago, missileman said:

Are there other considerations?  J-1s can be more complicated.

She doesn't have any 2 year requirement.  

[Drewjc 0]

Also we need 

 

I-130

G-325a

I-485

I-864

I-765

I-131

 

Also with the proof of marriage and passport pictures and proof of residency and so on correct?

[Suudsu 66]

18 minutes ago, Drewjc said:

Yeah im printing everything out now and I think I can have it ready to file with the money in a month.   She is on a 1 month thing where she is supposed to leave in 3 weeks 

The 'one month thing' at the end of J-1 programs is detailed here:

https://j1visa.state.gov/participants/current/adjustments-and-extensions/

Quote

Travel Grace Period

Following the completion of their program, the period defined on the Form DS-2019, the United States Citizenship and Immigration Services (USCIS) allows participants a 30-day travel period commonly referred to as the "Grace Period." During this 30-day grace period, participants are no longer in J-visa status, and are under the jurisdiction of the USCIS. The USCIS grants this period to allow participants to settle their affairs and to prepare to return to their home countries. Program participants may no longer continue and/or complete exchange activities, nor may they work. Although participants may travel in the United States, it is recommended that they do not travel beyond the borders of the United States as they may not be permitted reentry.

So yes, she is currently in status. Aim to get an application in while she is still in status.

[Crazy Cat 42,595]

Just now, Suudsu said:

The 'one month thing' at the end of J-1 programs is detailed here:

https://j1visa.state.gov/participants/current/adjustments-and-extensions/

So yes, she is currently in status. Aim to get an application in while she is still in status.

Thanks.  I forgot about the grace period....

[Drewjc 0]

Awesome thanks every one.   We will have to sit down and get this all finished this week end and hopefully have the money in another two weeks to submit it. 

[Suudsu 66]

10 minutes ago, Drewjc said:

Also we need 

 

I-130

G-325a

I-485

I-864

I-765

I-131

 

Also with the proof of marriage and passport pictures and proof of residency and so on correct?

FYI, the G-325A is a deprecated form (now I-130A), accompanying the I-130. Check that you are planning to submit the most up-to-date forms as on the USCIS website. Closely follow the accompanying instruction sheets.

https://www.uscis.gov/i-130

 

11 minutes ago, missileman said:

Thanks.  I forgot about the grace period....

No sweat missleman!

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Suss&Camm 2,213]

1 hour ago, Drewjc said:

Also we need 

 

I-130

G-325a

I-485

I-864

I-765

I-131

 

Also with the proof of marriage and passport pictures and proof of residency and so on correct?

As said g325a is no longer used and i130a will be needed.

Add also a G-1145 if you want to receive e-notifications.

[Drewjc 0]

thanks every one. I found the instruction paper it's like 42 pages and I think it explains everything they need. We are going to spend all Saturday and get it all filled out.