Ouch, we married 1 day after our k-1 expired

[moderntool 0]

Hello again all,

My new wife and I mistakenly thought our fiance visa was good for 3 months, not 90 days, and it turned out we married 1 day after the expiry (Valentines) because of the longer months. Now we are running into various problems from this and wonder if this will affect our I-485 adjustment of status application? Do we need to fix something first before applying?

Can anyone tell us what we should do next?

So much headaches.

Thanks all

[Kathryn41 3,205]

Did you get married on the 90th day or the 91st day? Did the I-94 expire on February 13 or February 14? If you got married on the 90th day, you might want to submit the AOS and see if they accept it. If they do, then you should be alright. If you got married on Feb 14 and the I-94 expired on Feb 13, you can no longer apply for AOS based on a K-1 visa. You would then need to prepare and submit an I-130 spousal petition and include it (and the fee) in with the AOS. The AOS is then based on the I-130. They can be submitted together.

Good luck.

Edited February 25, 2009 by Kathryn41

[Zee Bee 61]

This is an FAQ:

6.13)...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.

[moderntool 0]

Yup, we did it on the 91st day. Ouchhhhhhhhhhh Stupid mistake, and More money. So frustating.

Thanks

[pushbrk 13,803]

Yup, we did it on the 91st day. Ouchhhhhhhhhhh Stupid mistake, and More money. So frustating.

Thanks

And probably a longer processing time. Ain't it wonderful to be the "example"? Good luck.

[Jasman0717 9]

Yup, we did it on the 91st day. Ouchhhhhhhhhhh Stupid mistake, and More money. So frustating.

Thanks

And probably a longer processing time. Ain't it wonderful to be the "example"? Good luck.

By all means Claudeth and I wish you the best

[rin and john 71]

Yup, we did it on the 91st day. Ouchhhhhhhhhhh Stupid mistake, and More money. So frustating.

Thanks

More money now, but think of the money you'll save in the future buying combination valentine/anniversary gifts!

[Bobby+Umit 161]

Yup, we did it on the 91st day. Ouchhhhhhhhhhh Stupid mistake, and More money. So frustating.

Thanks

More money now, but think of the money you'll save in the future buying combination valentine/anniversary gifts!

That is, if the date is remembered.....

[freecake 0]

aww sorry to hear this. but guess what, we did everything we needed to and STILL had to get another medical exam for no particular reason but an oversight by the person working on our case. So theres no guarantees on that one

Edited February 26, 2009 by freecake