Regarding marriage after I-94 expires !!

[anushkam 0]

Hi all,

i need all ur advice and help pls oon a situation we are in ...as we have posted earlier..i am the USC lady and my man is from India.Now we met online and he came to me in a B1/B2 visa ..we were wrking on a designing project together..we dated and decided to do a K1...... as we searched we saw another visit is perhaps good for us and the K1.So he has come again and he is here.Now recently in a friends party one of my friends and her husband gave us this site and we were delighted to find here that we can opt for a AOS without him to go back again and spend so much money and energy.I asked VJ earlier and all said its okk to do that if our intention were not preplanned, which truely was not.

NOw as we started geting ready we reasearched and saw that he has to stay minimum 90 days before we can get married.Now though he has a 1 year multiple entry b1/b2 but his I-94 is for 3 months.Thus his I-94 wd expire before we get married.BUt to keep the 90 days thing intact we cant marry before his I-94 expires.

NOw so we are planning to get married just after the 90 days and apply for the AOS then and then. But his I-94 wd expire before we get married.......is that okk ??

Can someone help us ??

[YuAndDan 153]

This is NOT a problem, though don't go too long after expiration of the I-94, you will be accumulating time out of status.

You will still be filing I-130 and I-485 together. Follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Similar question in FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

[anushkam 0]

This is NOT a problem, though don't go too long after expiration of the I-94, you will be accumulating time out of status.

You will still be filing I-130 and I-485 together. Follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Similar question in FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

Ohh thats great YuAndDan ...........hope u saw we are doing AOS from B1/B2........so how many days do u say we get married after his I-94 and 90 days thing gets expired ......any approximation ??? Thanks so much !!!

[YuAndDan 153]

This is NOT a problem, though don't go too long after expiration of the I-94, you will be accumulating time out of status.

You will still be filing I-130 and I-485 together. Follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Similar question in FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

Ohh thats great YuAndDan ...........hope u saw we are doing AOS from B1/B2........so how many days do u say we get married after his I-94 and 90 days thing gets expired ......any approximation ??? Thanks so much !!!

A few days or weeks after tends to not be a problem, I would recommend ASAP, perhaps visit your courthouse and do a civil ceremony to take care of the legal part, and then later do a religious wedding for friends and family.

[anushkam 0]

This is NOT a problem, though don't go too long after expiration of the I-94, you will be accumulating time out of status.

You will still be filing I-130 and I-485 together. Follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Similar question in FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

Ohh thats great YuAndDan ...........hope u saw we are doing AOS from B1/B2........so how many days do u say we get married after his I-94 and 90 days thing gets expired ......any approximation ??? Thanks so much !!!

A few days or weeks after tends to not be a problem, I would recommend ASAP, perhaps visit your courthouse and do a civil ceremony to take care of the legal part, and then later do a religious wedding for friends and family.

Thanks a ton .we wd follow as u said .......... wd update soon !!!

[YuAndDan 153]

This is NOT a problem, though don't go too long after expiration of the I-94, you will be accumulating time out of status.

You will still be filing I-130 and I-485 together. Follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Similar question in FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

Ohh thats great YuAndDan ...........hope u saw we are doing AOS from B1/B2........so how many days do u say we get married after his I-94 and 90 days thing gets expired ......any approximation ??? Thanks so much !!!

A few days or weeks after tends to not be a problem, I would recommend ASAP, perhaps visit your courthouse and do a civil ceremony to take care of the legal part, and then later do a religious wedding for friends and family.

Thanks a ton .we wd follow as u said .......... wd update soon !!!

In addition to the I-130/I-485 package I would include I-765 for EAD, and perhaps I-131 for a travel document, I-765 and I-131 cost nothing when included with the I-485, You base I-765 on the pending I-485 using code (c )(9 )

[Krikit 1,163]

Anushkam, you did not file nor receive a K-1 visa so the I-94 date and the 90 day timeframe is not applicable in your case. I am unfamiliar with B1/B2 visas.... you would need to take a look at any restrictions associated with those visas to see whether you can marry and apply to adjust status first.

All the best.

[Cécy 44]

You do not have to wait 90 days to get married.

It is a common belief that getting married too early after arriving creates more suspicion of fraud by immigration. It has not been proven and is not a legal writing, more a question of common sense I guess: if you marry the day after you arrived it's unlikely that it wasn't plan to make an extreme example.

I would advise getting married before the I-94 expires. If only a few days before it. Waiting 90 days is applicable when the I-94 allows you to stay 6 months, but if he is only allowed here 3, I would not take the risk. Marry and send the AOS application as soon as you can. Being on pending AOS is different from being out of Status.