Getting married after 90 days of entering the U.S with a K-1 visa

[eunkyung0521 0]

Hi all!

I recently this post on NOLO:

"But if something happens and you were not able to marry within the 90 days -- yet the marriage is still what you want -- your best bet is likely to go ahead and marry. As long as the U.S. immigration authorities have not caught up with you before you are ready to submit the green card application, you should be able to apply for it through normal procedures, as explained below.

Filing Late for Your Green Card

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It is similar to the Form I-129F that he or she filed in order to start the process of getting you a fiance visa, but this form is used for married couples.) Because you are already legally in the U.S., the I-130 can be submitted with the rest of your green card application, which you will send by mail to U.S. Citizenship and Immigration Services (USCIS). Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouse’s willingness to support your application. Another consequence of marrying after the 90-day expiration of your visa is that you will be living in the United States unlawfully. Although this is a serious concern, it is unlikely that the immigration authorities will search you out anytime soon. The agency has higher enforcement priorities than going after people who will ultimately have the right to a green card but are simply late in applying for it. (http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html)"

I am planning on entering the U.S. around mid-August, 2014. So according to the 90 days requirement, I should be married to him by early or mid-Nov. However, getting married in Dec will be most ideal since that will be the time when my sister can attend the wedding. Also, both my fiance and I will be in school, so we would like to avoid getting married in the middle of the semester, just before finals. We can't get married anytime before Oct because my parents will only be able to come from South Korea to the U.S. after Oct.

I wouldn't want to play above the law or rules, but my fiance and I are desparately looking into ways to make this marriage a special time for both our families (my sister and my parents are the only ones from my side of the family who can attend the wedding, besides my U.S. friends). Would you please share your insights and advice on this? If petitioning for I-130 after getting married after 90 days is a legal /lawful thing, we would like to pursue it.

Thank you very much for your consideration and help!

[Lainie B 465]

Get married in a courthouse within the 90 days, then have the big ceremony and reception with your family and friends when you are ready. Lots of people do it this way.

[Ppll909 3]

Hi all!

I recently this post on NOLO:

"But if something happens and you were not able to marry within the 90 days -- yet the marriage is still what you want -- your best bet is likely to go ahead and marry. As long as the U.S. immigration authorities have not caught up with you before you are ready to submit the green card application, you should be able to apply for it through normal procedures, as explained below. Filing Late for Your Green Card

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It is similar to the Form I-129F that he or she filed in order to start the process of getting you a fiance visa, but this form is used for married couples.) Because you are already legally in the U.S., the I-130 can be submitted with the rest of your green card application, which you will send by mail to U.S. Citizenship and Immigration Services (USCIS). Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouses willingness to support your application. Another consequence of marrying after the 90-day expiration of your visa is that you will be living in the United States unlawfully. Although this is a serious concern, it is unlikely that the immigration authorities will search you out anytime soon. The agency has higher enforcement priorities than going after people who will ultimately have the right to a green card but are simply late in applying for it. (http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html)"

I am planning on entering the U.S. around mid-August, 2014. So according to the 90 days requirement, I should be married to him by early or mid-Nov. However, getting married in Dec will be most ideal since that will be the time when my sister can attend the wedding. Also, both my fiance and I will be in school, so we would like to avoid getting married in the middle of the semester, just before finals. We can't get married anytime before Oct because my parents will only be able to come from South Korea to the U.S. after Oct.

I wouldn't want to play above the law or rules, but my fiance and I are desparately looking into ways to make this marriage a special time for both our families (my sister and my parents are the only ones from my side of the family who can attend the wedding, besides my U.S. friends). Would you please share your insights and advice on this? If petitioning for I-130 after getting married after 90 days is a legal /lawful thing, we would like to pursue it.

Thank you very much for your consideration and help!

Yes why risk it after all this stress and why stress on breaking the regulation and requirement of k1 visa. Do the civil courthouse thing and do a grand reception in Dec as Lainie suggested.

[eunkyung0521 0]

Hi!

Thanks Lainie B and Ppll909 for sharing your thoughts. I really appreciate it. You are right. It's better to not risk breaking the 90 day rule. I've thought about doing a court house wedding and then have a family reception later, but for religious reasons, I cannot do that. The religious ceremony is considered a legal marriage and the civil wedding and religious ceremony cannot happen on a different day. This is why my fiance and I are a bit desperate to find ways to have a wedding after 90 days.

Once again, thanks for your comment! It was much sooner than I had expected. If you have any more ideas, please feel free to share them!

[Andie 147]

Then it seems you can't do both... you either have to leave for the US later than you intended and marry in December or have a legal marriage early and ceremony/reception later. The 90 days requirement is the legal specification of a K1 and from everything I've read in the past it is not in accordance with the rules of a K1 to do otherwise.

[bunnygirl 86]

Then it seems you can't do both... you either have to leave for the US later than you intended and marry in December or have a legal marriage early and ceremony/reception later. The 90 days requirement is the legal specification of a K1 and from everything I've read in the past it is not in accordance with the rules of a K1 to do otherwise.

Yes, this. Just postpone your entry into the US a bit to make sure you can get married wihin 90 days in December.

[AndreaGris 1]

Get married in a courthouse within the 90 days, then have the big ceremony and reception with your family and friends when you are ready. Lots of people do it this way.

Yeah ! This is our plan too get marry in a courthouse no ceremony, just consider it another step in the process... In our minds we will still be just engaged until the real wedding ceremony with family, dress, friends, etc

[CowBoE 429]

Hi all!

I recently this post on NOLO:

"But if something happens and you were not able to marry within the 90 days -- yet the marriage is still what you want -- your best bet is likely to go ahead and marry. As long as the U.S. immigration authorities have not caught up with you before you are ready to submit the green card application, you should be able to apply for it through normal procedures, as explained below.

Filing Late for Your Green Card

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It is similar to the Form I-129F that he or she filed in order to start the process of getting you a fiance visa, but this form is used for married couples.) Because you are already legally in the U.S., the I-130 can be submitted with the rest of your green card application, which you will send by mail to U.S. Citizenship and Immigration Services (USCIS). Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouse’s willingness to support your application. Another consequence of marrying after the 90-day expiration of your visa is that you will be living in the United States unlawfully. Although this is a serious concern, it is unlikely that the immigration authorities will search you out anytime soon. The agency has higher enforcement priorities than going after people who will ultimately have the right to a green card but are simply late in applying for it. (http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html)"

I am planning on entering the U.S. around mid-August, 2014. So according to the 90 days requirement, I should be married to him by early or mid-Nov. However, getting married in Dec will be most ideal since that will be the time when my sister can attend the wedding. Also, both my fiance and I will be in school, so we would like to avoid getting married in the middle of the semester, just before finals. We can't get married anytime before Oct because my parents will only be able to come from South Korea to the U.S. after Oct.

I wouldn't want to play above the law or rules, but my fiance and I are desparately looking into ways to make this marriage a special time for both our families (my sister and my parents are the only ones from my side of the family who can attend the wedding, besides my U.S. friends). Would you please share your insights and advice on this? If petitioning for I-130 after getting married after 90 days is a legal /lawful thing, we would like to pursue it.

Thank you very much for your consideration and help!

Separate the formal registration of marriage to US government, and wedding ceremony.

You can go to the local country court, and file for marriage license, and after required waiting period (few days perhaps),

you can schedule an appointment with Peace of Justice at the county court to officially marry you (about $150 to $250).

And do this ASAP, so that you can get started on the (temporary) green card processing.

That way you can have the wedding ceremony at any time as you are officially married now

and there is no more 90 day time pressure.

결혼 축하해요!

[Theboz 10]

postpone your arrival to make sure you can have the wedding when you want to within the 90 day requirement, don't risk it

[dalkiloves 1]

I agree on whaf Laibie said. That is what im planning to do.!!!!

[landr 126]

Nthing postponing your arrival. Why can't you arrive in September/October instead of August?

[Jon York 156]

Hi!

Thanks Lainie B and Ppll909 for sharing your thoughts. I really appreciate it. You are right. It's better to not risk breaking the 90 day rule. I've thought about doing a court house wedding and then have a family reception later, but for religious reasons, I cannot do that. The religious ceremony is considered a legal marriage and the civil wedding and religious ceremony cannot happen on a different day. This is why my fiance and I are a bit desperate to find ways to have a wedding after 90 days.

Once again, thanks for your comment! It was much sooner than I had expected. If you have any more ideas, please feel free to share them!

I'm curious - what religion is this? If you don't want to say, I understand. But I'm really curious what religion teaches that - it's very interesting.

I understand the part about the religious ceremony being considered the legal marriage. But I don't understand why that should prevent you from having a civil marriage a little earlier. Since you don't consider the civil marriage the real marriage - but only the religious marriage, then why can't you get a quick civil marriage - and simply not consider it a real marriage - until the religious ceremony is completed? That way you'll be here completely legally and you won't have to personally consider yourselves married until the religious ceremony takes place. But as far as the government is concerned, you'll be completely legal the whole time you're here.

[phd1974 17]

You should have 6 months to use the K-1 visa ... delay your arrival to the US until October or September so that everyone will be able to attend the ceremony, it will be after finals, and within the 90 days.

Of course, I have no idea WHEN you actually received your visa so I can not tell you if this would work or not.

[Darnell 8,478]

hard for me to give accurate advice, you've no timeline !

options:

1. marry after 90 days, file I-130 + I-485 set or

2. delay your entry into USA - I suggest November, if possible and your visa duration allows - then marry, file the I-485 set without the I-130.

[JIJourney 96]

Hi all!

I recently this post on NOLO:

"But if something happens and you were not able to marry within the 90 days -- yet the marriage is still what you want -- your best bet is likely to go ahead and marry. As long as the U.S. immigration authorities have not caught up with you before you are ready to submit the green card application, you should be able to apply for it through normal procedures, as explained below.

Filing Late for Your Green Card

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It is similar to the Form I-129F that he or she filed in order to start the process of getting you a fiance visa, but this form is used for married couples.) Because you are already legally in the U.S., the I-130 can be submitted with the rest of your green card application, which you will send by mail to U.S. Citizenship and Immigration Services (USCIS). Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouse’s willingness to support your application. Another consequence of marrying after the 90-day expiration of your visa is that you will be living in the United States unlawfully. Although this is a serious concern, it is unlikely that the immigration authorities will search you out anytime soon. The agency has higher enforcement priorities than going after people who will ultimately have the right to a green card but are simply late in applying for it. (http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html)"

I am planning on entering the U.S. around mid-August, 2014. So according to the 90 days requirement, I should be married to him by early or mid-Nov. However, getting married in Dec will be most ideal since that will be the time when my sister can attend the wedding. Also, both my fiance and I will be in school, so we would like to avoid getting married in the middle of the semester, just before finals. We can't get married anytime before Oct because my parents will only be able to come from South Korea to the U.S. after Oct.

I wouldn't want to play above the law or rules, but my fiance and I are desparately looking into ways to make this marriage a special time for both our families (my sister and my parents are the only ones from my side of the family who can attend the wedding, besides my U.S. friends). Would you please share your insights and advice on this? If petitioning for I-130 after getting married after 90 days is a legal /lawful thing, we would like to pursue it.

Thank you very much for your consideration and help!

Take pictures of the wedding in you and your fiance hanbok!