Sign in to follow this  
Followers 0
Lililand

Marriage after 90 days

10 posts in this topic Register to Ask a Question

If we decide to get married AFTER the 90 days, what would happen?

Will we be NOT allowed to file for AOS or can we pay extra fees, etc? If yes, then would it matter if we marry on the 95th day or the following year?

Your contract with the U.S. Government is that you'll get married within 90 days of arrival -- the wedding just needs to be legal (courthouse). The ceremony can come later. If you do not get married within 90 days, you must return to your home country. You are without status and subject to deportation.

Share this post


Link to post
Share on other sites

Don't even consider getting married after the 90 days! Do it, and do it now. And, technically they want you to send in the Adjustment of Status forms within the 90 days as well. Play by the rules, don't try to buck the system. If you think they will be "understanding," don't count on it. They don't care if your venue didn't have a date open or a family member can't make it by then. Just do a court ceremony and save the cake, dancing and gifts for another time. Don't want to sound harsh, but if you're looking for advice on that, listen to people here. There was just someone who posted that they got married on day 92 and the eventual green card was denied because of it. Just do it!!!

Share this post


Link to post
Share on other sites

You're still eligible to adjust status if you marry after 90 days. You just won't be eligible to adjust status based on the I-129F petition. You'd have to submit an I-130 petition along with your AOS application, plus the necessary fees.

You aren't required to submit the adjustment of status within 90 days, however, you'll be out of status. If you haven't gotten married yet then you'll also be subject to deportation. If you've married but just haven't submitted the AOS application then you might get jacked around if you have an encounter with any immigration officials, but it's highly unlikely you'd be deported. DHS policy is not to initiate removal proceedings for someone who is eligible to adjust status. You won't be eligible to adjust status until you're married.

Share this post


Link to post
Share on other sites

Thank you!!! But what if we don't have enough money to file for AOS? =(

There is no deadline to file for AOS, but there is to get married. Get married within 90 days of entry before your I-94 expires. Waiting to marry past the 90 days is not the correct decision to make, especially if you want to wait because of financial reasons. As JimVaPhuong stated, you would have to file the I-130 along with your AOS forms and that is an added fee of $420 on top of the $1070 for the I-485.

Marrying in the 90 days satisfies the requirement of the K-1 visa and allows them to adjust status based on that marriage to their USC petitioner/spouse. There is no deadline to file for AOS.

However, you will be out of status and accruing unlawful presence after your I-94 expires. When you file for AOS, you then enter a period of authorized stay and the overstay clock stops ticking. When your green card is approved, the overstay no longer matters.

Marry within the 90 days and then scrimp, save, beg and borrow if you need to in order to file for your AOS as soon as possible. The foreign spouse cannot get a drivers license/state ID, work or travel internationally without filing for AOS. So, besides the overstay situation, it is best to file as soon as possible.

Also, at least 2 weeks before your I-94 expires, apply for your SSN: http://www.visajourney.com/content/ssn

Share this post


Link to post
Share on other sites

Thank you!!! But what if we don't have enough money to file for AOS? =(

If money is an issue, then getting marry after the 90 days is a bad financial move.

If you get marry within the 90 days, then your spouse can adjust status based on the meeting the requirement of the K-1 to marry within 90 days. You just pay for the adjustment of status.

If you get marry outside the 90 days, then your spouse would need an I-130 in addition to the adjustment. That's an extra form and $420 or so.

Go with the first route. Get a courthouse wedding before the 90 days.

If you file after the 90 days, your spouse may be out of status for a period of time. She will not be able to legally work until she gets her EAD. She would not be able to use Advance Parole to leave and return to the US because of her overstay (she'll get AP with her EAD (same document), but she will have trouble returning to the US); she will have to wait for her green card.

There are pitfalls to marrying and filing to adjust after the 90 days. If you can do both within the 90 days, then you are golden.

Share this post


Link to post
Share on other sites
Back to Top ↑

Didn't find the answer you were looking for? Try asking our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.