Is 12 days before end of K1 visa enough time to get married & send of AOS?

[Ellie G 0]

So I know it's cutting it close but there's a nearby wedding event we'd like to get married at, however it's 12 days before the end of our 90 days. Is that cutting it too close? If we get the AOS all ready to go beforehand so it can be sent off straight away, it should be fine is what I'm thinking. Let me know your opinions or experiences please. 

[SalishSea 17,829]

The only requirement is that you marry within the 90 days.  The I-485 does not technically have to be sent off within that 90 days, although it is recommended so that you are in a period of authorized stay.

 

Keep in mind that the time required to obtain a certified copy of the marriage certificate really varies by jurisdiction - anywhere from same day to weeks.  You might want to research this for your particular county.

 

 

[DaveAndAnastasia 2,092]

It's not illegal or against USCIS regulations.

 

Having said that, my recommendation is that unless there's a very good reason not to, K-1 recipients should get legally married pretty quickly after POE.

 

You can't start AOS until you're married (getting on the path to full permanent resident status and the ability to work legally, drive legally, and leave the country and legally return without a new visa), and usually can't get on your spouse's employer-provided health insurance (or other benefits) until you're married either. Not having health insurance can be extremely expensive, and most interim solutions for getting health insurance for the period between POE and marriage are pretty bad (providing minimal coverage, very expensive, or both).

[jaysaldi 213]

It can take weeks or months after wedding to get the marriage certificate back in some counties (in other counties you can get it in an hour).

 

You "need" the marriage certificate to file your Adjustment of Stay. 

If the ninety days expire because you are waiting on a marriage certificate, your fiance is out of status and subject to deportation.  Also, when you do file for Adjustment of status, it takes about 10-14 days to get the NOA paper back from USCIS, so your fiance will have no proof of lawful status until that happens. 

 

 

[jeanieCZ 228]

21 hours ago, DaveAndAnastasia said:

You can't start AOS until you're married (getting on the path to full permanent resident status and the ability to work legally, drive legally, and leave the country and legally return without a new visa),

what do you mean can't drive legally before marriage? I got my VA DL 5 weeks after POE. 

Quote

and usually can't get on your spouse's employer-provided health insurance (or other benefits) until you're married either. Not having health insurance can be extremely expensive, and most interim solutions for getting health insurance for the period between POE and marriage are pretty bad (providing minimal coverage, very expensive, or both).

I was on my fiancee's insurance starting from the day after my arrival. We signed a domestic partnership and provided that to her employer.

 

@Ellie G

Yes, it is possible to get it done in 12 days. Get your marriage licence at the courthouse and ask how long it takes for you to be able to obtain a copy of your marriage licence after the ceremony. Prepare all the other documents required for AOS in the meantime and mail ASA you receive the certified copy of the marriage licence.

Edited February 27, 2020 by jeaniecz

[Ontarkie 14,221]

~~Moved to AOS Family, from K1 P&P- the OP is asking about filling for AOS~~

[DaveAndAnastasia 2,092]

2 hours ago, jeaniecz said:

what do you mean can't drive legally before marriage? I got my VA DL 5 weeks after POE. 

In many states (definitely here in CA) you can't get a regular driver's license without an EAD or green card.

 

2 hours ago, jeaniecz said:

I was on my fiancee's insurance starting from the day after my arrival. We signed a domestic partnership and provided that to her employer.

Even for companies that provide domestic partner benefits (far from universal), some (including my employer) require you to have lived together for some time to get them.

[flfreddy 92]

On 2/26/2020 at 10:58 AM, Ellie G said:

So I know it's cutting it close but there's a nearby wedding event we'd like to get married at, however it's 12 days before the end of our 90 days. Is that cutting it too close? If we get the AOS all ready to go beforehand so it can be sent off straight away, it should be fine is what I'm thinking. Let me know your opinions or experiences please. 

All you need is to get the I-797 proving you applied for I-485 to be in status.   Before you received that paper and after your I-94 expired, you are pretty much OUT OF STATUS and any cop even at a traffic light can detain you if they see you are OOS.   That is on top of any other inconvenience needing a marriage cert like health insurance or SSN or beneficiary reporting for insurance etc.

[Mike E 11,739]

On 2/27/2020 at 11:53 AM, DaveAndAnastasia said:

In many states (definitely here in CA) you can't get a regular driver's license without an EAD or green card.

 

In California you absolutely can get a drivers license without an EAD, green card, or any other proof of lawful presence.  Millions of illegal aliens in California agree.  
 

The DL you get will be useless for flying domestically after October 1, 2020, but you can drive. 

[DaveAndAnastasia 2,092]

2 hours ago, Mike E said:

In California you absolutely can get a drivers license without an EAD, green card, or any other proof of lawful presence.  Millions of illegal aliens in California agree.

Erm... I said you cannot get a regular driver's license. An AB-60 license is not a regular license.

 

/also, I'm pretty sure millions of AB60 licenses have not been issued. That would require a very high percentage of illegal aliens in CA to have one, and I strongly suspect that's not the case (because a large majority of them almost certainly are minors, don't drive, or figure if they're already here illegally they don't mind driving without a license or insurance).

[MACHADO 0]

On 2/26/2020 at 2:44 PM, DaveAndAnastasia said:

 

So it is ok to be out of status over getting the right paperwork to send with the AOS?"

[MACHADO 0]

On 2/26/2020 at 2:06 PM, Jorgedig said:

The only requirement is that you marry within the 90 days.  The I-485 does not technically have to be sent off within that 90 days, although it is recommended so that you are in a period of authorized stay.

 

Keep in mind that the time required to obtain a certified copy of the marriage certificate really varies by jurisdiction - anywhere from same day to weeks.  You might want to research this for your particular 

so it is ok to be out of status over getting the right paperwork to send with the AOS?"

[SalishSea 17,829]

8 minutes ago, MACHADO said:

so it is ok to be out of status over getting the right paperwork to send with the AOS?"

"Ok"?  No, it is not ok.  Until the AOS paperwork is accepted by USCIS, the applicant is out of status, which means deportable.

[MACHADO 0]

1 minute ago, Jorgedig said:

"Ok"?  No, it is not ok.  Until the AOS paperwork is accepted by USCIS, the applicant is out of status, which means deportable.

Thank you