Please help!! K1 Visa expiration question

[sydney424 1]

My (now) wife is here on a K1 visa. She arrived in the US in July. Her 90 days ends October 2nd. We got married last Thursday. We are waiting for the marriage certificate now. Does our paperwork need to be sent out by the end of the 90 days, or do we just need to be married before the 90 days are up?

thank you!

[payxibka 10,045]

2 minutes ago, sydney424 said:

My (now) wife is here on a K1 visa. She arrived in the US in July. Her 90 days ends October 2nd. We got married last Thursday. We are waiting for the marriage certificate now. Does our paperwork need to be sent out by the end of the 90 days, or do we just need to be married before the 90 days are up?

thank you!

Critical item is the marriage event.   AOS as soon as you can,  better sooner than later 

[sydney424 1]

Just now, payxibka said:

Critical item is the marriage event.   AOS as soon as you can,  better sooner than later 

 

1 minute ago, payxibka said:

Critical item is the marriage event.   AOS as soon as you can,  better sooner than later 

So the paperwork doesn’t need to be sent out before the end of the 90 days? As long as we’re married?

[payxibka 10,045]

3 minutes ago, sydney424 said:

 

So the paperwork doesn’t need to be sent out before the end of the 90 days? As long as we’re married?

Yes, and as long as you understand she will be out of status until the i485 is filed.   That's why filing the i485 asap is something to get done 

Edited September 8, 2019 by payxibka

[sydney424 1]

Just now, payxibka said:

Yes, and as long as you understand she will be out of status until the i485 is filed.   That's why filing the i485 asap is something to get done 

What does being out of status mean?

[payxibka 10,045]

2 minutes ago, sydney424 said:

What does being out of status mean?

It means exactly that.   She had no evidence to prove she is legally in country because the i94 will have expired.   

 

It is typically a moot issue, but there has been a recent report where someone was in the wrong place and came upon law enforcement and not having submitted the AOS documents was a  problem. 

[sydney424 1]

Just now, payxibka said:

It means exactly that.   She had no evidence to prove she is legally in country because the i94 will have expired.   

 

It is typically a moot issue, but there has been a recent report where someone was in the wrong place and came upon law enforcement and not having submitted the AOS documents was a  problem. 

Okay, a copy of our marriage certificate needs to be send out with the AOS right?

[payxibka 10,045]

1 minute ago, sydney424 said:

Okay, a copy of our marriage certificate needs to be send out with the AOS right?

Yes, a copy of the one that was provided to you by the vital statistics agency indicating it was recorded 

[Hank_ 9,174]

16 minutes ago, sydney424 said:

My (now) wife is here on a K1 visa. She arrived in the US in July. Her 90 days ends October 2nd. We got married last Thursday. We are waiting for the marriage certificate now. Does our paperwork need to be sent out by the end of the 90 days, or do we just need to be married before the 90 days are up?

thank you!

Just need to be married.   There is no actual timeline requirement for completing AOS (I-485).   Do note that the legal status for your wife is governed by the I-94, (you need to print a copy from the CBP website), which expires 90 days after entry, at that point your wife will not have legal status to be in the USA.  Once AOS is filed she will have legal status during the process, the I-797 Receipt is your evidence for this during that time.

[sydney424 1]

1 minute ago, payxibka said:

Yes, a copy of the one that was provided to you by the vital statistics agency indicating it was recorded 

Thank you for all of your help!

[Hank_ 9,174]

3 minutes ago, sydney424 said:

Okay, a copy of our marriage certificate needs to be send out with the AOS right?

A certified copy of your marriage certificate is part of the I-485  evidence

 

https://www.visaconnection-philippines.com/adjustment-of-status.html

[sydney424 1]

3 minutes ago, Hank_ said:

A certified copy of your marriage certificate is part of the I-485  evidence

 

https://www.visaconnection-philippines.com/adjustment-of-status.html

Last question... what exactly do I need to send out when I send out the AOS paperwork? The I-485, the I-765 and the I-131. Is there anything else?

[Hank_ 9,174]

11 minutes ago, sydney424 said:

Last question... what exactly do I need to send out when I send out the AOS paperwork? The I-485, the I-765 and the I-131. Is there anything else?

 

All the forms are listed in the link I gave you, some forms are required, some are optional

 

Forms required:  I-485, I-864, I-693  and supporting evidence.

 

Optional forms:  I-765, I-131

[JFH 12,190]

*~*~*question about AOS moved from “K-1 fiancé visa process and procedures” to “AOS from K visas”*~*~*

[payxibka 10,045]

7 minutes ago, Hank_ said:

 

All the forms are listed in the link I gave you, some forms are required, some are optional

 

Forms required:  I-485, I-864, I-693  and supporting evidence.

 

Optional forms:  I-765, I-131

I 693 only required if they don't meet the K visa exception.   Please review the I693 instructions for a more detailed instructions.