K1 marriage delay

[cris77 0]

Has anyone been on a K1 Fiancé visa originally, but married after the 90-day limitation, then applied for adjustment of status?

There is a possibility that we will not marry before my fiancé’s K1 visa expires.

What is the process for applying for adjustment of status in this situation, and the possible consequences of not marrying within the 90 days and marrying later? What are the chances of permanent residency not being approved, or worse, removal proceedings?

[Kez/JWolf 6]

If you marry after the 90 days you will need to file form I-130 anlong with the AOS and you will no longer be filing as K1 but as spouse of USC... you may be asked why you did not marry within the 90 days at AOS interview but other have done this and not ad any problems....

Good Luck

Kezzie

[engfridak 0]

You must marry within 90 days of the entry. If not the k-1 visa holder will have to go back home. You cannot file for AOS if not married within the limitation, because you asking for AOS and EAD on the basis of marriage as a result of a Fiance Visa that has 90 days limit after entry. That is the immigration the rule, and that is how is has to be done only.

I know it is hard to prepare a wedding in such short time. I know.. we had only six weeks. Please reconsider and marry as soon as possible. Otherwise he/she will have to return to his/her country and have to start the process again from the beginning.

Frida

[zyggy 9]

Agree with Kezzie.. You would just have to file an I-130 along with the I-485, etc to the CHicago Lockbox as you would not be adjusting based on your K1, but on the spousal relationship through an I-130.

As long as you have a reasonable reason why you did not fulfill the terms of the K1, I don't believe it would be an issue..

You must marry within 90 days of the entry. If not the k-1 visa holder will have to go back home. You cannot file for AOS if not married within the limitation, because you asking for AOS and EAD on the basis of marriage as a result of a Fiance Visa that has 90 days limit after entry. That is the immigration the rule, and that is how is has to be done only.

I know it is hard to prepare a wedding in such short time. I know.. we had only six weeks. Please reconsider and marry as soon as possible. Otherwise he/she will have to return to his/her country and have to start the process again from the beginning.

Frida

This is not true.. if one does not get married within the 90 days, the alien does not have to return home. However, it adds the extra step of filing an I-130 with the I-485 package...

Marrying within the 90 days brings with it not needing to file the I-130 as well as generally having an easier adjustment process...

Edited October 2, 2006 by zyggy

[Kez/JWolf 6]

You must marry within 90 days of the entry. If not the k-1 visa holder will have to go back home. You cannot file for AOS if not married within the limitation, because you asking for AOS and EAD on the basis of marriage as a result of a Fiance Visa that has 90 days limit after entry. That is the immigration the rule, and that is how is has to be done only.

I know it is hard to prepare a wedding in such short time. I know.. we had only six weeks. Please reconsider and marry as soon as possible. Otherwise he/she will have to return to his/her country and have to start the process again from the beginning.

Frida

Please recheck your information..... and quote your source.... the information you are giving out is wrong..

The K1 visa holder who does not marry within 90 days of entry can do AOS based on a I-130 and remain in the US while it is being processed...... THEY DO NOT HAVE TO RETURN HOME....

Kezzie

[JnJ 0]

Agree with Kezzie.. You would just have to file an I-130 as you would not be adjusting based on your K1, but on the spousal relationship through an I-130.

As long as you have a reasonable reason why you did not fulfill the terms of the K1, I don't believe it would be an issue..

agree!!! you may also consider getting a lawyer...

[cris77 0]

Why would you consider a lawyer?

Agree with Kezzie.. You would just have to file an I-130 as you would not be adjusting based on your K1, but on the spousal relationship through an I-130.

As long as you have a reasonable reason why you did not fulfill the terms of the K1, I don't believe it would be an issue..

agree!!! you may also consider getting a lawyer...

[Kez/JWolf 6]

A lawyer is not needed unless there are additional factors which the OP has not disclosed.... The I-130 is a simple form to complete and it gets filed along with the AOS and is approved at the same time as the AOS....

Kezzie

[JnJ 0]

Why would you consider a lawyer?

Agree with Kezzie.. You would just have to file an I-130 as you would not be adjusting based on your K1, but on the spousal relationship through an I-130.

As long as you have a reasonable reason why you did not fulfill the terms of the K1, I don't believe it would be an issue..

agree!!! you may also consider getting a lawyer...

its just a general thought.... depends on the circumstances or issues you may have. otherwise, you can process it yourself. good luck.

[Miranda&James 8]

Best solution - go to the courthouse and get married. Plan the nice wedding later and save yourself a LOT more immigration headaches.

[cris77 0]

Kezzie,

Do you know, would I-130 and AOS be filed at the same time? Or would we have to wait for approval of i-130? Could we apply for EAD along with I-130?

Thanks

If you marry after the 90 days you will need to file form I-130 anlong with the AOS and you will no longer be filing as K1 but as spouse of USC... you may be asked why you did not marry within the 90 days at AOS interview but other have done this and not ad any problems....

Good Luck

Kezzie

[Kez/JWolf 6]

cris77 here is a link to the guide for filing I-130 along with AOS...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Everything gets filed together to the Chicago Lockbox... the I-130 is processed at the same time as the AOS and they are both approved or denided after the AOS interview..

Kezzie

[nemu 0]

One thing to consider in this case is violation of status. That will not create problems with AOS, but spending time and money on I-131 ( AP ) is not advised - in status violation cases any travel outside US should be avoided before legal permanent resident status is granted.

[cris77 0]

The I-485 instructions state “you are not eligible for adjustment of status if any of the following apply”… “Your authorized stay expired before you filed this application:”

Wouldn’t my fiance’s “authorized stay” be considered expired at the end of the 90 day period after her entry to the U.S.? We would be filing the I-485 after that.

[Kez/JWolf 6]

The I-485 instructions state “you are not eligible for adjustment of status if any of the following apply”… “Your authorized stay expired before you filed this application:”

Wouldn’t my fiance’s “authorized stay” be considered expired at the end of the 90 day period after her entry to the U.S.? We would be filing the I-485 after that.

Yes she will be out of status.... but as you will be filing an I-130 and AOS together her status will change from K1 to adjustment pending as soon as you get the NOA1 after you file all the forms... so the sooner you file the less out of status time she will aquire... any time out of status is forgiven by USCIS when you are married to a USC...

Ineligible

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

You may be ineligible for adjustment to permanent resident status if:

You entered the U.S. while you were in transit to another country without obtaining a visa.

You entered the U.S. while you were a nonimmigrant crewman.

You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

Kezzie