Customs officer told my fiance getting married on the 75th day is cutting it too close....

[FolieADeux 2]

We had our visa approved back in May, and my fiance just entered the US a few days ago to start the 90 day process. I have our wedding planned at a small venue at the end of September, so the 90th day would be the second week of October. However, when the Customs officer took my fiance's packet and asked what our wedding date is, he told my fiance that's cutting it too close because we have to file for AOS by the 90th day and they have to receive the paperwork. This has terrified me and now I don't know what to think. If we needed to have gotten married AND have confirmation that they received our AOS request by the 90th day, then why does it say we have 90 days to "get married"? Shouldn't they say "receive AOS application by 90 days"?? I don't know if that customs guy was just being a ####### or if he's correct, but now I'm really scared we won't have enough time to apply for the AOS and he could get deported.

 

I tried to look for this question in the forums but I don't see that anyone else has asked it yet.

Please help!!

[Dashinka 24,480]

11 minutes ago, FolieADeux said:

We had our visa approved back in May, and my fiance just entered the US a few days ago to start the 90 day process. I have our wedding planned at a small venue at the end of September, so the 90th day would be the second week of October. However, when the Customs officer took my fiance's packet and asked what our wedding date is, he told my fiance that's cutting it too close because we have to file for AOS by the 90th day and they have to receive the paperwork. This has terrified me and now I don't know what to think. If we needed to have gotten married AND have confirmation that they received our AOS request by the 90th day, then why does it say we have 90 days to "get married"? Shouldn't they say "receive AOS application by 90 days"?? I don't know if that customs guy was just being a ####### or if he's correct, but now I'm really scared we won't have enough time to apply for the AOS and he could get deported.

 

I tried to look for this question in the forums but I don't see that anyone else has asked it yet.

Please help!!

The CBP officer is wrong, there is no deadline to file the AOS package.  That being said, it is best to file the AOS as soon as possible after the wedding and after you get the marriage certificate, and most members here will advise to file within the 90 days if possible.  Take your time after entry getting the forms ready, so as soon as you have the marriage certificate you can get the forms on their way to USCIS.  Don't stress over it, yes there are cases where people ran into issues by not filing the package, there are also stories of people waiting 1-2 years to file.  There are also some locales where it takes almost 3 months to get the marriage certificate, so even if a couple got married the day of arrival, they may not be able to submit the AOS within the 90 days.

 

Good Luck!

Edited July 12 by Dashinka

[FolieADeux 2]

Thank you so much @Dashinka!!! I had a feeling that officer was wrong. What a jerk....

[Ontarkie 14,217]

~~Moved to AOS FAmily K1/K3 P&P- The OP is past the visa stage and looking into AOS.~~

[OldUser 6,608]

3 hours ago, FolieADeux said:

Thank you so much @Dashinka!!! I had a feeling that officer was wrong. What a jerk....

Not necessarily a jerk. People get out of status and occasionally picked up by ICE. He's only telling what he knows based on his limited knowledge.

 

Edited July 12 by OldUser

[Neonred 3,562]

6 hours ago, Dashinka said:

There are also some locales where it takes almost 3 months to get the marriage certificate, so even if a couple got married the day of arrival, they may not be able to submit the AOS within the 90 days.

 

For the OP and others in this situation I am going to share a tip that may help depending on how it works in your location.  

 

When my wife and I got married, instead of relying on the officiant to submit the paperwork for the marriage certificate, I hand carried the filled out and signed marriage license to my county office and received the marriage certificate the same day.  Saved us several days.

[Dashinka 24,480]

27 minutes ago, Neonred said:

For the OP and others in this situation I am going to share a tip that may help depending on how it works in your location.  

 

When my wife and I got married, instead of relying on the officiant to submit the paperwork for the marriage certificate, I hand carried the filled out and signed marriage license to my county office and received the marriage certificate the same day.  Saved us several days.

We did exactly the same thing on the Monday after our wedding.

[Bob in Boston 698]

14 hours ago, FolieADeux said:

Thank you so much @Dashinka!!! I had a feeling that officer was wrong. What a jerk....

Officer was not being a Jerk and is not all wrong. Just because you can file on the last day does not mean you should. There is a lot to do in those 90 days and leaving the most important till last is not wise. 

[Boiler 45,445]

With a K1 best to get the legalities sorted asap, adjustment filed and if you want a fancy event do that at your leisure.