Anyone Wait Right Up to 90 Day Mark to File?

[SunflowerSweet 1,321]

We did a full 200-person wedding on a K-1. Weddings aren’t really as important to me as they are to the rest of my family, but it was fun, and I don’t regret it.

 

Ours was only a month after his POE, so the situation is a little different. We did end up delaying our AOS (past the 90 day mark) because the company my father/joint sponsor worked at for 16 years unexpectedly shut down a week before the wedding. Thankfully it wasn’t that much later that he found a new job, and we had been good about getting my husband’s SSN/card and driver’s permit right after getting married. It was a unexpected wrinkle, but ultimately our AOS was seamless outside of that.

 

Do you know what the turn around for obtaining your marriage certificate is like? In our county it’s available the next business day after whenever you officiant decides to drop it off. If you love somewhere where there isn’t a significant wait, that’s a big bonus for your situation!

[Ermehgerdd 172]

5 minutes ago, MorganandMichael said:

 

5 minutes ago, MorganandMichael said:

Do you know what the turn around for obtaining your marriage certificate is like? In our county it’s available the next business day after whenever you officiant decides to drop it off. If you love somewhere where there isn’t a significant wait, that’s a big bonus for your situation!

Thanks for the response! Yes, the certificate is available the same day the courthouse receives the filled out license. I called the clerk today to confirm.  We plan to file the AOS the next business day after our wedding, barring any hiccups.

[SunflowerSweet 1,321]

17 minutes ago, Ermehgerdd said:

 

Thanks for the response! Yes, the certificate is available the same day the courthouse receives the filled out license. I called the clerk today to confirm.  We plan to file the AOS the next business day after our wedding, barring any hiccups.

That’s great! Sorry if you already mentioned it in a previous post. I’m on mobile about 99% of the time on this site and I feel like I miss a lot because of that. 
 

I’ve seen some on here talk about their wait times for certificates and they can get pretty long, but if that’s not a concern, great!

 

You’re obviously very on top of this and seem to know plenty about the process. Your thinking ahead and have a plan for AOS, which is a lot more than some posters I’ve seen on here. A lot of times people look at the process in chunks, and don’t start preparing for AOS, even just mentally going through the timelines, until they are completely done with the K-1 steps. It’s in those situations when people push their filing dates that make me a little more nervous for them. You’re clearly not in that position!

 

People will point out the quicker you can marry and file, the safer, and yeah they aren’t wrong. But if you follow your plan you are within guidelines, and that’s what’s important. 

 

 

Edited February 25, 2020 by MorganandMichael

[Sarah&Facundo 599]

Yup, you can wait to file as long as you marry in 90 days. For peace of mind, you can also definitely wait to enter.  We wanted to traditional wedding too with our families and friends. To us, that was also a lot more important than the piece of paper. My husband got the K1 in his passport in October. He did not come into the country until 2 days before his visa expired at the end of March. Everything was fine. 

[caliliving 606]

overstay is forgiven when married to a USC. 

people wait years to file paperwork! is it ok? no.  but if you have no red flags and arent front a high fraud country it doesnt matter! why? because they can not deny your greencard for not applying in time. 

basically coming on a k1 and not filing withing the 90 days, and being out of status. it is the same as if you came on a tourist visa and overstayed! i do not judge because everyone has a reason for doing things the way that happen. 

[SalishSea 18,125]

4 minutes ago, caliliving said:

overstay is forgiven when married to a USC. 

people wait years to file paperwork! is it ok? no.  but if you have no red flags and arent front a high fraud country it doesnt matter! why? because they can not deny your greencard for not applying in time. 

basically coming on a k1 and not filing withing the 90 days, and being out of status. it is the same as if you came on a tourist visa and overstayed! i do not judge because everyone has a reason for doing things the way that happen. 

Except for the little detail that while out of status, one can be deported.  Likely?  No, but possible.  One VJ member was even put in jail, link as posted by @missileman on page one of this thread.

Edited February 25, 2020 by Jorgedig

[caliliving 606]

7 minutes ago, Jorgedig said:

Except for the little detail that while out of status, one can be deported.  Likely?  No, but possible.  One VJ member was even put in jail, link as posted by @missileman on page one of this thread.

Overstay is forgiven. very unlikely to be deported out of status.  it is not ideal, but i think also people are jaded by VJ.  I know so many people that do it the right way through a k1 and just dont apply for the greencard in time.. guess what?  eventually they get it and all is well!  

[SalishSea 18,125]

2 minutes ago, caliliving said:

Overstay is forgiven. very unlikely to be deported out of status.  it is not ideal, but i think also people are jaded by VJ.  I know so many people that do it the right way through a k1 and just dont apply for the greencard in time.. guess what?  eventually they get it and all is well!  

Like I said, usually it is fine, but not always.  Everyone has to figure out how risk-averse they are when it comes to being out of legal status.

[caliliving 606]

6 minutes ago, Jorgedig said:

Like I said, usually it is fine, but not always.  Everyone has to figure out how risk-averse they are when it comes to being out of legal status.

yeah i mean the key would be to not get arrested and also not drive. i get it, it is hard! but not everyone can file in 90 days. but if you dont, of course you need to not drive because you are out of status! most people i know that have not filed in 90 days did not work, drive or leave the state.  

[caliliving 606]

i waited a bit to file but everything worked out fine!  i also worked and filed taxes during the 5 years i was here unauthirzed waiting for my greencard.  all turned out ok:) i had a SSN and payed for taxes the entire time. maybe i was lucky though!  

[Lucky2Lucky 2,526]

If you plan on filing the day after you marry- you will need health insurance lined up as well just FYI - you can’t be added to your spouses plan until after you marry.

[Ermehgerdd 172]

1 hour ago, Luckycuds said:

If you plan on filing the day after you marry- you will need health insurance lined up as well just FYI - you can’t be added to your spouses plan until after you marry.

Are you meaning health insurance lined up that covers the period *until* we get married? 

[Kate&Jason 24]

Hello! We married with 8 days left on my visa in July and then didn't file until October. I've had no problems (touch wood) and have my interview next month

[Lucky2Lucky 2,526]

14 minutes ago, Ermehgerdd said:

Are you meaning health insurance lined up that covers the period *until* we get married? 

Hi- no not the period prior to marriage.

It would be cheaper to be added to your husbands after marriage. When you file for AOS there is a new form that asks if you have health insurance as well as the details.

[Zoeeeeeee 797]

Hi OP,

 

We actually were in a similar boat to you - our big wedding, with friends and family flying over for, was on day 87 of my 90 days (there were various circumstances that led to this)...however, we chose to 'do our paperwork' a week after I arrived.

 

By this, I mean that we were technically married a week after I arrived...basically, we had lunch with our officiant and signed the paperwork then. We didn't make any vows, say anything, swap rings - it felt no more significant than signing the bill for lunch - however, as we and officiant had signed, we were married.

 

We were then able to file for my AOS straight away after receiving our wedding certificate - and then when we had our big wedding on day 87, it very much felt like our real marriage (no one but our officiant and us knew otherwise), we cried saying our vows, etc. 

 

Basically, what I'm trying to say is that this is totally an option that in no way detracts from the significance of your planned wedding and helps you get the AOS ball rolling quicker 🙃.