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Marriage after 90 days

#1 Lililand

Lililand

    Member

  • PipPipPip


Posted 27 June 2012 - 05:07 PM

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?
  • 0
Jan 5, 2012: Mailed I-129F
Jan 7, 2012: Received
Jan 10, 2012: Text and e-mail confirmation received
Jan 14, 2012: NOA1 received in the mail
Mar 29, 2012: Expedite request made
Apr 5, 2012: Expedite request approved
Apr 6, 2012: I-129F approved!
Apr 11, 2012: NVC received

#2 wifi

wifi

    Member

  • PipPipPip

  • Group: Members
  • Joined: 08 May 2012

Posted 27 June 2012 - 05:10 PM

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.
  • 0

#3 mahyland

mahyland

    Member

  • PipPipPip


Posted 27 June 2012 - 05:12 PM

You might be better off waiting to enter the US, knowing that you will get married 90 days from POE, otherwise you are breaking the terms of the K1 Visa

Good Luck
  • 0

#4 kelly11anne

kelly11anne

    Member

  • PipPipPip


Posted 27 June 2012 - 05:16 PM

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!!!
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#5 Lililand

Lililand

    Member

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Posted 27 June 2012 - 05:18 PM

Thank you!!! But what if we don't have enough money to file for AOS? =(
  • 0
Jan 5, 2012: Mailed I-129F
Jan 7, 2012: Received
Jan 10, 2012: Text and e-mail confirmation received
Jan 14, 2012: NOA1 received in the mail
Mar 29, 2012: Expedite request made
Apr 5, 2012: Expedite request approved
Apr 6, 2012: I-129F approved!
Apr 11, 2012: NVC received

#6 LindaC1990

LindaC1990

    Gold Member

  • PipPipPipPipPipPipPip


Posted 27 June 2012 - 05:25 PM

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


It's ok to file for AOS after 90 days.
  • 0

jF5Jm7.png


AOS from F1:
Day0 -- 2012.05.08 Sent packet through USPS
Day1 -- 2012.05.09 Packet delivered at 1:29pm
Day7 -- 2012.05.15 Emails/texts acceptance confirmation at 5:16pm
Day8 -- 2012.05.16 Checks been cashed in the morning
Day11--2012.05.19 I-797C 4 hard copies received.
Day14--2012.05.22 Biometrics Appointment received. Scheduled for June 5th.
Day15--2012.05.23 Biometrics Completed at 1:30pm (2 weeks earlier than the scheduled date)
Day27--2012.06.04 Card production ordered for EAD&AP
Day28--2012.06.05 Second card production ordered email received for EAD.(why?)
Day30--2012.06.07 EAD&AP Combo Card mailed
Day32--2012.06.09 EAD&AP Combo Card received
Day98--2012.08.14 Interview scheduled for Sep.18th @12:30pm(thank god I don't have school that day)
Day100-2012.08.16 Interview notice hard copy received
Day133-2012.09.18 Interview!! I-485 updated to Card Production around 3:30pm
Day134-2012.09.19 Online Update: I-130 approved; I-485 New permanent Resident Status Registered.
Day136-2012.09.21 Second Card production Email.
Day141-2012.09.26 GreenCard received. (Done for 2 years!)

 

ROC: 

Day0 -- 2014.07.07 Sent package to CSC by USPS

Day1 -- 2014.07.08 Package delivered

Day3 -- 2014.07.10 Check has been cashed

Day4 -- 2014.07.11 I-797 Hard Copy Received

Day12--2014.07.19 Biometrics Appointment received. Scheduled for Aug 5th.

Day23--2014.07.30 Biometrics Completed @1pm (6 days early)

Day95--2014.10.10 Card Production 

 


#7 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 27 June 2012 - 05:46 PM

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.
  • 4

12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#8 Omeka

Omeka

    Member

  • PipPipPip


Posted 02 July 2012 - 04:54 PM

Getting married 90 days is the ultimate then AOS will be done later
  • 0

#9 KayDeeCee

KayDeeCee

    Also known as Jay-Kay



Posted 02 July 2012 - 06:41 PM

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
  • 0

idea9dv.gif Link to K-1 instructions for Ciudad Juarez, Mexico > http://photos.state....s/k1k4dec13.pdf
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 -
Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13
- Bio: 04/25/13 APPROVED!- 07/24/13


#10 aaron2020

aaron2020

    Super Star Member



Posted 02 July 2012 - 07:22 PM

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.
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