Fiance Visa: Must be married in 90 days or adjustment of status in 90 days?

[alyssap95 0]

Hello,

 

My fiancé is on a fiancé visa in the US and we are planning to get married ASAP but I was wondering if we get married within the 90 days but then the adjustment of status papers are not received until after the 90 day period is over, will this be an issue? Or as long as we get married within the 90 days are we safe?

 

Thank you,

 

Alyssa

[milimelo 4,487]

Married within 90 days. AoS after you get marriage certificate. 

[Just Paul 4,595]

90 days from the time of entry into the US to get married.  After you get the marriage certificate you can file the AOS, AP EAD etc.

[Nitas_man 3,100]

You have to marry within 90 days

[Alabamak1 688]

you want to get married and AOS filed within the 90 days, so your fiance is not out of status.  

[Crazy Cat 41,923]

From: https://www.hooyou.com/k-1/k-1-restrictions.html   Zhang & Associates, immigration attorneys

 

For the K-1 Visa Holder:

• The K-1 visa holder has six months after the date the K-1 visa is issued to enter the United States.
• The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
• If for some reason, relationship with the U.S. citizen petitioner does not work out, the K-1 visa holder will not be allowed to adjust their status to a permanent resident status or change to any other non-immigrant status.
• Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application.
• If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.

Edited December 31, 2018 by missileman

[geowrian 22,337]

You must marry within 90 days to qualify for AOS based on K-1 status. You can file for AOS at any point afterwards while remaining in the US.

After the 90 days of legal status expires, if you haven't filed for AOS yet then you would be out of status (like any visa overstayer). Once you file for AOS you would obtain authorized stay.

 

Just a note that if you file for AOS after 90 days then your ESTA privileges are forever gone. It's likely not an issue as you intend to gain permanent residence, but just be aware of that in case you ever terminate LPR status (or leave the US w/o AP and before getting a green card).

[NikLR 13,227]

Geowrain's answer is the best one.  

 

You don't HAVE to file AOS within 90 days, just understand the consequences of not doing so. 

[Ontarkie 14,237]

~~Moved to AOS Family K1/K3, from K1 P&P - The OP's fiance is now in the US and trying to figure out the AOS part.~~

[NYCruiser 423]

1 hour ago, alyssap95 said:

Hello,

 

My fiancé is on a fiancé visa in the US and we are planning to get married ASAP but I was wondering if we get married within the 90 days but then the adjustment of status papers are not received until after the 90 day period is over, will this be an issue? Or as long as we get married within the 90 days are we safe?

 

Thank you,

 

Alyssa

Yes indeed you are. The actual GreenCard with interview could take over a year. You can carry the I-787 NOA1 with you as proof of filing.

Don't forget to apply for a Work Permit as well as Advance Parole if you need to travel outside the US. The Work permit card (Combo WP/AP) will also serve as your ID for travel, Driver License Application, Bank, SS number etc

[NikLR 13,227]

"work permit" is called the Employment Authorization Document AKA EAD. 

[Cyberfx1024 7,980]

4 hours ago, Alabamak1 said:

you want to get married and AOS filed within the 90 days, so your fiance is not out of status.  

It's ok for the fiance to be out of status a short time because there will not be any repercussions for them being out of status. Yes, they COULD be deported but in reality it will not happen at all. 

 

OP, get married within the 90 day window and file for AOS anytime after you get married when you have the marriage certificate in hand. 

[Andsco 89]

7 hours ago, alyssap95 said:

Hello,

 

My fiancé is on a fiancé visa in the US and we are planning to get married ASAP but I was wondering if we get married within the 90 days but then the adjustment of status papers are not received until after the 90 day period is over, will this be an issue? Or as long as we get married within the 90 days are we safe?

 

Thank you,

 

Alyssa

Hey! I got into the US with my K1 visa on June and married on July. My papers didn't leave until August! With that said, as long as you get married under the 90 days, it's ok if you file after the 90 days. Prepare everything, get married and then worry about filing! Just think that the faster it gets there, the faster the process will start! 😅

[Andsco 89]

6 hours ago, missileman said:

From: https://www.hooyou.com/k-1/k-1-restrictions.html   Zhang & Associates, immigration attorneys

 

For the K-1 Visa Holder:

• The K-1 visa holder has six months after the date the K-1 visa is issued to enter the United States.
• The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
• If for some reason, relationship with the U.S. citizen petitioner does not work out, the K-1 visa holder will not be allowed to adjust their status to a permanent resident status or change to any other non-immigrant status.
• Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application.
• If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.

Arthur Morgan, is that you? 😁

[nastra30 2,287]

Marry within 90 days. It's not a closed secret; here's it directly from one of numerous USCIS sources:

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens