Officially confused about post marriage stuff

[Jhei 0]

My fiancee and I are planning to file for K1 visa in February in hopes of being able to marry in November/December.  We'll likely marry as soon as possible, just considering worst case scenario times, we figure expecting a later date is better than being overly optimistic and thinking the process will take a shorter time.  My confusion comes in with what happens after marriage.  She comes here, we get married on day 2.  At this point, does she get kicked out of the country after the rest of that 90 days is up? How long does she get to stay while we go through all of the AoS stuff, because I've read that takes a long time, and it would be terrible for her to have to return to England while waiting for it all to process.  I'm sorry if this seems like a dumb question, but I'm really confused.  Thanks for any help you can provide!

[TNJ17 1,329]

She can’t leave the country while adjusting status. She gets the k1 visa and travels to the US, you get married and she files for aos, ap and EAD. That all is taking about 4 months currently. She needs to stay in the US while that’s processing or she won’t be allowed back in. After she gets EAD she can work, and after she gets ap, she can travel abroad. The 90 days is only a period to get married, after you get married the 90 days rule is out the door. She will stay there as long as it takes to process aos. Most important thing is don’t wait, get married and file for everything the next day. Things are slow. My advice to you is apply now. Don’t wait til February. Things are taking longer and longer with Uscis if you apply in February you might not get her to the US by November. Don’t waste time. 

Edited December 5, 2017 by TNJ17

[yuna628 9,750]

2 minutes ago, Jhei said:

My fiancee and I are planning to file for K1 visa in February in hopes of being able to marry in November/December.  We'll likely marry as soon as possible, just considering worst case scenario times, we figure expecting a later date is better than being overly optimistic and thinking the process will take a shorter time.  My confusion comes in with what happens after marriage.  She comes here, we get married on day 2.  At this point, does she get kicked out of the country after the rest of that 90 days is up? How long does she get to stay while we go through all of the AoS stuff, because I've read that takes a long time, and it would be terrible for her to have to return to England while waiting for it all to process.  I'm sorry if this seems like a dumb question, but I'm really confused.  Thanks for any help you can provide!

 

1) Get the K1, fly to the USA, be happy because you're finally together!

2) Before marriage you really should check the I94 after the fiancé arrives and make sure you're in the database - then if you've got time read up on the guide for obtaining your fiancé's SSN. You don't *have* to do it right yet, but it'll make things a lot easier down the road.

3) Get married, congrats! At this point the fiancé can stay with you for as long as they choose. Relax a little bit, you've got some time to enjoy married life.

4) File for AOS, you can also file for an EAD + AP and the fees for those two are waived. The EAD grants the new spouse the ability to work (usually arrives in about 90-120 days) and the AP gives them the ability to leave the US and come back in. If she leaves the US without filing for it - then you have to start from scratch with a spousal visa. Once you've got the EAD, she can seek employment, and if she gets her SSN off the bat you can apply for jobs without fuss, and also think about things like health insurance without needless harassment, she can also apply for things like a driver's license or state ID. Once AOS is complete, the green card takes the place of the EAD. Filing for AOS ensures that her status is protected after the 90 days are over at all times. She will not be kicked out of the country.

5) While waiting for AOS to process it will take a long time. But take that time to enjoy life together.

6) Not filing for AOS means that she is out of status and subject to removal after the 90 days are up.

[AshMarty 360]

14 hours ago, Jhei said:

My fiancee and I are planning to file for K1 visa in February in hopes of being able to marry in November/December.  We'll likely marry as soon as possible, just considering worst case scenario times, we figure expecting a later date is better than being overly optimistic and thinking the process will take a shorter time.  My confusion comes in with what happens after marriage.  She comes here, we get married on day 2.  At this point, does she get kicked out of the country after the rest of that 90 days is up? How long does she get to stay while we go through all of the AoS stuff, because I've read that takes a long time, and it would be terrible for her to have to return to England while waiting for it all to process.  I'm sorry if this seems like a dumb question, but I'm really confused.  Thanks for any help you can provide!

 

A couple of things: You will want to look at the state and county requirements of marriage where you plan to marry. My husband and I messed up our marriage license in Massachusetts because we needed to apply for it a couple of days before our wedding and missed the application date (we luckily spent a day and a lot of money to expedite the process) Each state has different requirements for timelines for when to apply for marriage certificates and some states require SS numbers (if this is the case you would have to wait for your fiancé to receive hers).

 

After you are married and you have your certified marriage certificate you can apply for AOS: http://www.visajourney.com/content/k1k3aos

* receiving your marriage certificate can take anywhere from one week to a month for some people.

 

She has to remain in the country until she receives her AP/EAD card (highly suggest applying for these when you apply for AOS). My husband just received his about a month ago we waited about 5 months for his to be processed.

 

My husband actually lived in Baltimore for work before he moved back to his country and has a good social network here but even he was getting anxious not working and just waiting for me to come home every day during this transition. We have finally made it through the waiting period and is working but it took 6 months since he initially migrated here (and we were on the short end of the normal wait period for EAD/AP approval).

 

 

Edited December 5, 2017 by AshMarty