late marraige

[nate200233713 0]

we got married a week after her visa expired, are we in trouble what do we do now????

[Kez/JWolf 6]

Why did you wait until it expired???? looks like you will need to file I-130 as well as AOS...

Fiance(e)

* You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

Background

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

Think you maybe should go and see a Immigration lawyer.....

Good Luck

Kezzie

Edited May 6, 2006 by Kezzie

[Anastasia 1]

You will have to file an additional form, I-130, together with your AOS application.

[den_y2005 0]

please check if you get married BEFORE YOUR i-94 expires. it should be before the I-94 expires or getting married within 90 days upon arrival in the USA. i thought visa are only used to enter the USA and not included in the counting for getting married.

im not sure. but i want to know more.

[Not Available 0]

Your I-94 expires when your visa expires. The K1 visa is not just a visa that allowed you in the country, thats another visa, it has rules and restrictions, and the rule of the K1 visa is to get married WITHIN the 90 days you have before it expires. That's why you wrote a letter of intent stating that you will marry your fiancee within the 90 days of entering the USA. You may want to find a good lawyer.

Edited May 6, 2006 by Stina

[KarenCee 3]

we got married a week after her visa expired, are we in trouble what do we do now????

*shakes her head* why in the world did you wait???? surely you knew the restrictions placed on the K-1? Sigh...you will most likely have to file a I-130 and go the K-3 route (I think)...and you'll most likely be in for another wait.

[Hilarious Clinton 452]

we got married a week after her visa expired, are we in trouble what do we do now????

did you get married within the 90 days?

Your timeline says you arrived in the US on Feb 3. Feb 3 to today is 92 days.

[meauxna 15]

we got married a week after her visa expired, are we in trouble what do we do now????

hi, this is an FAQ

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

#6.136.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1. You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

I don't know why there'd be a need for a lawyer necessarily, and certainly the person doesn't have to leave and get a K-3--they are already *in* the US.

But first, you should make sure you did *not* marry within the 90 days. There is a date calculator here: http://www.timeanddate.com/date/duration.html

Stina, the visa expiration and I-94 validity are often not related at all. The visa is valid for 6 months from issue and must be used to enter the US before expiration. After you use it to enter, it's not valid at all.

The I-94 given at entry will be valid for 90 days; that's when the 'get married' clock starts ticking.

[ChristinaM 0]

I don't think anyone will have to return to their home country, but if you did marry outside the 90 days you will need to file the I-130 also and it's pointless you filing for AP because there is now an overstay to deal with.

It's worth at least a consultation with a lawyer, or an InfoPass appointment.

[Kathryn41 3,205]

Yes, I think we are mixing up the visa date and the I-94 date. The visa was granted August 9 - and it is valid for 6 months. Your fiancee arrived February 3 - one week prior to the expiration of the visa. You got married one week after the visa expired, but the 90 days didn't start until your fiancee physically arrived in the US. It looks like you got married mid-February or about 2 or 3 weeks after her arrival here, so you did indeed marry within the 90 days. I repeat, the 90 days start from her arrival. The visa is only good for a one time entry before its expiry date and once she entered the country the visa date is no longer important. So, if that is the case, go ahead and file for Adjustment of Status, Employment Authorization and Advance Parole according the the instructions pinned at the top of this forum. Good luck.

[meauxna 15]

I don't think anyone will have to return to their home country, but if you did marry outside the 90 days you will need to file the I-130 also and it's pointless you filing for AP because there is now an overstay to deal with.

It's worth at least a consultation with a lawyer, or an InfoPass appointment.

Overstay of less than 180 does not preclude someone using Advance Parole, does it? No ban kicks in until then.

Yes, I think we are mixing up the visa date and the I-94 date. The visa was granted August 9 - and it is valid for 6 months. Your fiancee arrived February 3 - one week prior to the expiration of the visa. You got married one week after the visa expired, but the 90 days didn't start until your fiancee physically arrived in the US. It looks like you got married mid-February or about 2 or 3 weeks after her arrival here, so you did indeed marry within the 90 days. I repeat, the 90 days start from her arrival. The visa is only good for a one time entry before its expiry date and once she entered the country the visa date is no longer important. So, if that is the case, go ahead and file for Adjustment of Status, Employment Authorization and Advance Parole according the the instructions pinned at the top of this forum. Good luck.

I think that's their NOA2 date in August--looks like the visa pproval was in Jan06.

[dalegg 143]

we got married a week after her visa expired, are we in trouble what do we do now????

*shakes her head* why in the world did you wait???? surely you knew the restrictions placed on the K-1? Sigh...you will most likely have to file a I-130 and go the K-3 route (I think)...and you'll most likely be in for another wait.

See previous posts for explanations...New Life & Sending Back

don't expect an actual answer to your question either.

[ChristinaM 0]

I don't think anyone will have to return to their home country, but if you did marry outside the 90 days you will need to file the I-130 also and it's pointless you filing for AP because there is now an overstay to deal with.

It's worth at least a consultation with a lawyer, or an InfoPass appointment.

Overstay of less than 180 does not preclude someone using Advance Parole, does it? No ban kicks in until then.

That's true. Conceded

[meauxna 15]

we got married a week after her visa expired, are we in trouble what do we do now????

*shakes her head* why in the world did you wait???? surely you knew the restrictions placed on the K-1? Sigh...you will most likely have to file a I-130 and go the K-3 route (I think)...and you'll most likely be in for another wait.

See previous posts for explanations...New Life & Sending Back

don't expect an actual answer to your question either.

Oy. Thanks for the reminder, dale.

[Kez/JWolf 6]

Wow just spent the last few hours reading all the links....

I thought she was going home???? looks like things changed..... lets hope for the best....

oh well I will wish them all they wish for themselves....

Kezzie