When is the adjustment of status due for k-1 visas?

[Spyro0421 0]

Just a quick question for you guys since I can't get a straight answer on google search. When is the adjustment of status due for a k-1 visa? Let's say if I get married on the 88th day, and the marriage certificate comes 3 days later (with the date for the 88th), would that people okay? I'm only asking because due to some unforeseen circumstances, I may have to delay getting to a clerk's office to getting a marriage license.

[Crazy Cat 41,981]

You MUST marry within 90 days after entering the US.  If your I-94 expires before you file for AOS, you will be in illegal stay (technically deportable)  until you file AOS. Once you file AOS, you will be in authorized stay status while the AOS is pending.

 

To avoid any illegal presence, you should file for AOS before your I-94 expires.

 

In the past, some people have waited months (and years) to file AOS, but I would not advise doing that.

Edited July 12, 2018 by missileman

[Crazy Cat 41,981]

Please see my edited post......I would NOT advise waiting months to file AOS.

[Loren Y 2,755]

Technically your fine, 88 days is within the 90 day window, but that is cutting it close. Overstay is forgiven as soon as you file for AOS, but like others have said, you can be subject to deportation the day after your I94 expires. Chances are low granted, but with new policy changes at USCIS happening every month it seems, I would err on the side of caution, and try to get your AOS started before your I94 expires. I would want the NOA 1 in hand from the AOS submission before I was out of status.

[geowrian 22,337]

Agree with both of the above posters. I would just add that getting married on the 88th day would be accepted even if the marriage certificate is registered or arrives later. But yeah...you're cutting it really close.

 

Things happen (Courthouse gets closed? Officiant gets sick or injured?). If you don't marry in the 90 day period, you would both be out of status and have to file an I-130 with your I-485 when you do eventually marry.

[Loren Y 2,755]

Another option is you just have to get married somewhere. I understand you might have an unforeseen event, God knows I've had my share, but maybe if you're just going to be out of town, or not by a peticular clerks office, get married at any court house in the US. Wherever you're nearest. That's what most people do on a K1. Get married quickly anywhere, then do something bigger later.

[Cyberfx1024 7,980]

Did you get the answer for the question that you asked? I know you asked on reddit as well.

[Diane and Chris 651]

You can’t just get married at any court house in the US. We live in Georgia and there are only 2 counties in the state that still perform marriages with a judge at the court house. We had to make an appointment and wait 2 weeks to get married in a county about an hour from where we live. I thInk you should check into that ASAP and not wait until one of the last days possible. You can get all your paperwork ready to go and as soon as you get the marriage documents, you can send them off within a couple of days of getting married. Best of luck and congratulations to you two!