Adjustment of status deadline

[Chr2746 13]

Happy new year everyone, please I need answers here.

My fiancee and I are getting married on February 15th and my k1 visa expires on the 19th of February according to my I-94 , can I still apply for AOS after it expires on the 19th or do I have to apply for AOS before the visa expires ?  Thank you.

[payxibka 10,047]

4 minutes ago, Chr2746 said:

Happy new year everyone, please I need answers here.

My fiancee and I are getting married on February 15th and my k1 visa expires on the 19th of February according to my I-94 , can I still apply for AOS after it expires on the 19th or do I have to apply for AOS before the visa expires ?  Thank you.

You should file as soon as you are able 

[Chr2746 13]

Just now, payxibka said:

You should file as soon as you are able 

Thanks for your response , so marrying within 90days and applying after 90days is legal  and no extra cost? Let's say Marry 15th before Visa expires 19th as and apply AOS after 19th, maybe before the month ends? 

[payxibka 10,047]

1 minute ago, Chr2746 said:

Thanks for your response , so marrying within 90days and applying after 90days is legal  and no extra cost? Let's say Marry 15th before Visa expires 19th as and apply AOS after 19th, maybe before the month ends? 

To meet the conditions of the visa you MUST mary within the 90 days.  No such thing as a late filing fee for adjustment of status.   You are best served by filing your AOS before the i94 expires,  however,  if you can't then do it as quickly as you can 

[Sweetdreaming 397]

the later you leave it, the more chance that you get stopped and asked for ID by law enforcement, at that point if you have an expired I-94 then you are out of status, if you havent even applied for AOS then you could be causing yourself uneccessary grief which could leave you sitting in a jail while they figure out your legal immigration status.

Once you have applied for AOS and recieve receipt that you have done this (NOA) then this protects you if you run into the above situation, it should make things a lot easier even if there is some confusion than if you dont have it.

Ok, its a slim chance that you will ever get stopped but it has happened to people before on this forum which is why people recommend getting AOS applied for within the 90 days.

[Chr2746 13]

Thanks or your replies I appreciate .

[jaysaldi 213]

Is there a reason why you can't file it by the 19th?

 

Have you looked into how long it will take you to get a certified/recorded copy of your wedding certificate?  You should send a copy of that in with your AoS package.  In some places, like Las Vegas, you can get that immediately, as soon as the certificate is filed with the court clerk. In other places, it takes weeks to get that back.

 

You should also have a plan for how the marriage certificate is getting to the clerk's office that doesn't involve trusting a stranger to deliver it to the clerk on his schedule and then have the clerk mail the recorded copy to you.  Take charge as much as possible with personally delivering the certificate to the court clerk and getting it recorded and getting a certified copy handed to you on the spot, if possible.

[Chr2746 13]

17 hours ago, jaysaldi said:

Is there a reason why you can't file it by the 19th?

 

Have you looked into how long it will take you to get a certified/recorded copy of your wedding certificate?  You should send a copy of that in with your AoS package.  In some places, like Las Vegas, you can get that immediately, as soon as the certificate is filed with the court clerk. In other places, it takes weeks to get that back.

 

You should also have a plan for how the marriage certificate is getting to the clerk's office that doesn't involve trusting a stranger to deliver it to the clerk on his schedule and then have the clerk mail the recorded copy to you.  Take charge as much as possible with personally delivering the certificate to the court clerk and getting it recorded and getting a certified copy handed to you on the spot, if possible.

We get married on February 15th , I don't know if the marriage certificate will be ready by or before 19th and also time when we file if it will get to their office by 19th.

[jaysaldi 213]

3 hours ago, Chr2746 said:

We get married on February 15th , I don't know if the marriage certificate will be ready by or before 19th and also time when we file if it will get to their office by 19th.

If I were you, I would look into how long it takes for the certificate to be ready and take proactive measures to expedite that, if needed.