Marriage after K-1

[NateM 0]

I hope I'm posting this in the right category, as it isn't exactly AOS, but a prerequisite.

My fiancee just arrived in the US from Thailand on a K-1 visa, and I know that we have 90 days to marry. What I'm wondering is, do we just have to marry and file paperwork with the county or state? OR, are there further steps involved? (For example, do we have to notify the USCIS in some way, or any other governmental agency within those 90 days?).

I'm trying to figure out about how much time to allow for all necessary processing to ensure my fiancee and I don't get married too late (as I would imagine it's not a good idea to wait until the 90th day ). I don't even know whether we're supposed to register with the county clerk or the state, and don't even know their approximate processing time (the county website just says "it can take some time," but doesn't specify). I live in Oregon if this info is of any help. Any advice or input would be most appreciated.

NateM

P.S. My fiancee mentioned something about possibly having to file or register with the Thai Embassy in Los Angeles...(???) I think she's confused regarding that, but I could be wrong. Any info on this would be helpful as well. Sorry for all the questions.

[Nich-Nick 3,354]

It varies by state, but generally you would go to your county courthouse and get a marriage license. Some states require a waiting period from getting the license to getting married, so check that out. (Like Texas is 3 days and Las Vegas is no waiting) Then you marry and get the license signed by the person who performed the marriage. Next is take that signed license back to where you got it and the county will register your marriage in their records. Some will do it on the spot and issue you a certified copy. Others may say they will mail you the marriage license and certified copy. Then all you do is file for AOS and include a certified copy of the marriage license. So call your courthouse and ask how to get a license and ask them what you need to do afterward to get a certified copy of the marriage certificate in the quickest way.

[payxibka 10,045]

I hope I'm posting this in the right category, as it isn't exactly AOS, but a prerequisite.

My fiancee just arrived in the US from Thailand on a K-1 visa, and I know that we have 90 days to marry. What I'm wondering is, do we just have to marry and file paperwork with the county or state? OR, are there further steps involved? (For example, do we have to notify the USCIS in some way, or any other governmental agency within those 90 days?).

I'm trying to figure out about how much time to allow for all necessary processing to ensure my fiancee and I don't get married too late (as I would imagine it's not a good idea to wait until the 90th day ). I don't even know whether we're supposed to register with the county clerk or the state, and don't even know their approximate processing time (the county website just says "it can take some time," but doesn't specify). I live in Oregon if this info is of any help. Any advice or input would be most appreciated.

NateM

P.S. My fiancee mentioned something about possibly having to file or register with the Thai Embassy in Los Angeles...(???) I think she's confused regarding that, but I could be wrong. Any info on this would be helpful as well. Sorry for all the questions.

Go to the courthouse or simply call and ask... they have the specif local law/processing knowledge.

The registration of the marriage at Thai consulate is a possibility for the marriage to be recognized in Thailand but IDK for sure... check the consulate/embassy website for further information

[Craig2006 0]

Read the guides for AOS. That will let you know the next step after getting married and what is needed. Good luck on the rest of your journey.

[Kathryn41 3,205]

She should also apply for her Social Security number very soon after her arrival - try to do that within the first month but not the first 2 weeks (they need to make sure her immigration information is entered on the computer - that takes about 2 weeks). Having a SSN will make a lot of things easier for you and her such as setting up joint bank accounts, getting her listed on your health insurance through work, etc. Check with your Human Resources person - there may be a short period of time immediately after your marriage that you are allowed to add her to your Health Insurance plan - it is usually 30 days after marriage only but it varies by plan. She can certainly 'register' at the Thai Embassy - that is basically advising them that a Thai national is living in the US so that if there is any emergency back home they know where to find her or they can offer her some sort of assistance. This is an added level of protection for her as long as she isn't a US citizen and is living in the US. You will want to get her a State ID as well - and may require a SSN in order to do that. These are done through the same department as issues Driver's Licenses.

You have already received information about how to get married and get the proof of marriage (Marriage Certificate). Once you are married, you will want to file the I-485 "Adjustment of Status" as soon as possible after marriage - preferably before the I-94 date expires (the 90th day). This is basically changing her status in the US from a K-1 non-immigrant to a Permanent Resident. It will provide her with the green card and allow her to remain in the US once her I-94 expires. You might want to read over the I-485 guides right now in the Adjustment of Status forum.

Good luck!

[TBoneTX 45,498]

The advice from Kathryn and others is excellent. I wish to add that I was very happy to have ordered SEVEN (7) certified copies of our marriage certificate. The courthouse clerk had never seen such a thing, yet she prepared them on the spot. After the USCIS filings, adding the wife's name to the bank account, sending one to her mother as a keepsake, etc., we now have one certificate left -- the original. Ordering so many was, to us, well worth the $7 cost per copy.

[NateM 0]

She should also apply for her Social Security number very soon after her arrival - try to do that within the first month but not the first 2 weeks (they need to make sure her immigration information is entered on the computer - that takes about 2 weeks). Having a SSN will make a lot of things easier for you and her such as setting up joint bank accounts, getting her listed on your health insurance through work, etc. Check with your Human Resources person - there may be a short period of time immediately after your marriage that you are allowed to add her to your Health Insurance plan - it is usually 30 days after marriage only but it varies by plan. She can certainly 'register' at the Thai Embassy - that is basically advising them that a Thai national is living in the US so that if there is any emergency back home they know where to find her or they can offer her some sort of assistance. This is an added level of protection for her as long as she isn't a US citizen and is living in the US. You will want to get her a State ID as well - and may require a SSN in order to do that. These are done through the same department as issues Driver's Licenses.

You have already received information about how to get married and get the proof of marriage (Marriage Certificate). Once you are married, you will want to file the I-485 "Adjustment of Status" as soon as possible after marriage - preferably before the I-94 date expires (the 90th day). This is basically changing her status in the US from a K-1 non-immigrant to a Permanent Resident. It will provide her with the green card and allow her to remain in the US once her I-94 expires. You might want to read over the I-485 guides right now in the Adjustment of Status forum.

Good luck!

Thank you for the replies. I've looked at the AOS guide/checklist, but still have a few questions...

Kathryn41 (anyone else who knows is welcome to reply as well) - When you say "Once you are married, you will want to file the I-485 "Adjustment of Status" as soon as possible after marriage - preferably before the I-94 date expires (the 90th day)... Is it absolutely necessary to file the I-485 within 90 days, or only necessary to get married? I have found some conflicting information. One post states the following:

"From your entry, you have 90 days (not 3 months) status as a K-1. You have one obligation during that time: to marry your USC petitioner.

Ideally, you would also file to Adjust Status (AOS) before that 90 days is up. In reality, most people don't. So, what do you become?

After your 90 days is up, you have no status (also known as 'out of status') but there is no real penalty for this.

When your AOS application is received and entered into the system, you become "pending adjustment" (there's another more techincal term, but this is accurate enough IMO). You are allowed to legally remain in the US while your application is pending....

Time out of status won't start to count against you until you are 180 days out; ideally you will file your AOS before that. Many couples prepare the AOS paperwork ahead, have their wedding as you'd like, a little later on (but before 90 days are up!) and simple send it all in as soon as they get the certified copy of the marriage certificate.

TIP: be sure to apply for your Social Security account in your first 76 days, earlier is better. Apply in your maiden name and worry about changing it later, much later. Read posts from mdyoung for more info." (That's most of the post - I left a little out to shorten. The url is:

http://www.visajourney.com/forums/index.php?showtopic=27760 It's the second post from top of page.)

Now, the second piece of info I found is on one of the forum FAQ pages. It states:

"6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices."

(Url: http://www.visajourney.com/faq/k1k2visa-aos.html - First question on the page.

So... The first one makes it sound like while filing the I-485 within 90 days is best, we technically have 180 days within which to file. The second one makes it sound like going past 90 days (or more than a few days/weeks past that is very risky. Do you know which one is correct?

That is my main question of this post - I have a few more, but if time is limited, you can just focus on the above question, as I don't want to ask too much at once.

I can anticipate a few people replying, "Why wait until the last minute? - Better to be safe than sorry, etc.." I agree with that. However, there are some things to consider which lead into more questions and potential delays. For one, my fiancee has already been here almost 30 days, and we still need to get married. Another is the potential cost... Is the AOS fee for a K-1 situation $1,010?? It appears to state this here: http://www.visajourney.com/forums/index.php?showtopic=75836 . I hope I'm reading that wrong... Another possible problem/delay comes from needing the vaccination record from the medical exam to be sent in with the I-485. When my fiancee arrived to the US, she was told by one of the immigration officers that her sealed packet of important documents (including her medical exam/vaccination record) was to be kept there. It was unclear when or if they were going to be returned, and so far, we have heard nothing about this. Is the airport supposed to keep them or forward them to us later or what? It all seems so complicated and confusing. Last question: If the AOS can technically be filed after 90 days, would there be anything else I have to do regarding documentation of our marriage before the 90 day mark other than simply registering/recording it with the county clerk?

This is a rather long/messy post, and I apologize for that and for having so many questions. As mentioned earlier, my main question is the one regarding which post is correct and whether the 180 day statement is true or false. That and perhaps the one about the fee. If it is too hard to answer all the questions, I'll understand.

NateM

[Nich-Nick 3,354]

I'd say both posts you quoted are correct. The first explains you are "out of status" until you file for AOS, but you won't have a problem (as in being denied a green card) if you file later. It's your choice whether you remain totally "in status" by filing before your I-94 expires or if you wait. So even if USCIS forgives your late filing when it comes to issuing your green card, you might want to consider another scenario. What if you had some kind of encounter with a law enforcement officer...speeding, an accident, random checks...whatever. If he asked for identification or something to show legal status in the US, you have nothing. Your I-94 is expired. You have no AOS filing receipt that allows you to remain. They aren't going to put you on a plane home, but you could be detained for hours or jailed by a real red-neck officer. Or what if you waited two years to file and got all settled in the US with friends, a new baby, in-laws who adored you. Then the USC died in some tragic accident. Then you can't adjust (because you are no longer "married" to a USC) and will be deported, despite the in-laws loving you and wanting to support you and their grandchild. (I saw that last bit on an episode of 60 Minutes.) http://www.informationweek.com/blog/main/a...nl_IWK_blogHTML There's video excerpt. Those women didn't expect to be widows, but things happen we never plan on.

Yes, AOS is $1010 and is a lot of papers to file since most apply for EAD and AP in the same package. Make your choice and file when you can.

[Kathryn41 3,205]

Nich-Nick is correct.

I do want to clarify what the 180 days means, though. It isn't a 'safe' time period during which to apply for AOS, rather it is the number of days that will trigger a 3 year ban on re-entry to the US if for any reason the individual left, whether they have an Advance Parole (AP) or not.

Ideally, you want to have as few out of status days as you can. In your circumstances out of status days are those days from when the I-94 expires to when the AOS is accepted (not necessarily approved, though). If you delay filing for AOS and your spouse has 180 or more out of status days there is no use to apply for Advance Parole. USCIS will give it, but the border officials will not allow the individual to re-enter the US and they are banned for re-entry for 3 years. That ban increases to 10 years for 365 out of status days.

Nich-Nick gave another very telling reason for filling asap, especially these days when there is so much animosity against illegal aliens. Your spouse will be in the country without status and may be deported if 'caught' out of status. It did not use to be a problem, but wth the increased focus on 'aliens' it is becoming more of a problem. A filed AOS receipt - and even better, a received EAD based on an AOS - are excellent proof that the individual does indeed have legal status in the US.

The most important part of the K-1 is getting married within the 90 days of the I-94 validity. Adjusting status does not have to be within the same period of validity but it is definitely in your best interest to do so. If you cannot complete the paperwork within that time frame, make it a priority and file as soon as you can. Do with less in the wedding if you need to in order to have the filing fee. While the wedding is important - being allowed to live together as a married couple is going to be more important in the long run and should be a high priority.

Regarding your wife's sealed package. . . that contained her immigration file and she was supposed to turn it over. She doesn't get any of it back - all of it was forwarded from the POE to your local USCIS office where it is waiting for you to submit the AOS. When you submit the AOS, it will be matched up with the sealed envelope immigration file and both will be consulted for the next stage in your wife's immigration journey.

Your wife will need to go to a Civil Surgeon here in the US and bring the same evidence she brought to the Panel Physician in her home country about her vacinnations. Some Panel Physicians will give the applicant a copy of the vaccination report to use in the AOS but not all. It sounds like your wife's didn't. If she has no proof of vaccinations she can either redo the vaccinations or have a blood titre test done to measure the antibodies to specific illnesses in her blood. It would be easier to have proof of the vaccinations, even if she has to send 'home' for that. She would need to have any missing vaccinations done as well.

Edited April 15, 2009 by Kathryn41

[NateM 0]

Kathryn41 and Nich-Nick,

Thanks so much for your detailed replies. I still have a few follow up questions I may need to ask later, but only have time for one at the moment...

What is required for my fiancee to apply for her Social Security number (including prerequisites - for example, can it be done before we are married)?

(Once again, anyone else who knows is welcome to reply also ).

[baron555 934]

Another is the potential cost... Is the AOS fee for a K-1 situation $1,010??

The AOS cost is NOT a potential cost, it is a real cost and it must be expended as part of the entire immigrating to US scenario.

This cost should be figured on before any ideas of marrying a non USC and having them immigrate to the US.

[Nich-Nick 3,354]

What is required for my fiancee to apply for her Social Security number (including prerequisites - for example, can it be done before we are married)?

(Once again, anyone else who knows is welcome to reply also ).

I think VJ gives a very good explanation. It's under the guide tab on the right side of the page. Scroll down to the K1 section.

http://www.visajourney.com/forums/index.ph...om&page=ssn

The only thing I would add is apply in the name exactly as it appears on the I-94 because that's the name they will find in the S.A.V.E. database they consult. Worry about changing to her married name later after she gets a green card. The number is what you need and it's hers for life, no matter how the card is printed.

[NateM 0]

What is required for my fiancee to apply for her Social Security number (including prerequisites - for example, can it be done before we are married)?

(Once again, anyone else who knows is welcome to reply also ).

I think VJ gives a very good explanation. It's under the guide tab on the right side of the page. Scroll down to the K1 section.

http://www.visajourney.com/forums/index.ph...om&page=ssn

The only thing I would add is apply in the name exactly as it appears on the I-94 because that's the name they will find in the S.A.V.E. database they consult. Worry about changing to her married name later after she gets a green card. The number is what you need and it's hers for life, no matter how the card is printed.

Thanks for that - I have now read the page and associated forms/pdfs. Part of the page states:

"To apply for a SSN you will need to go to your local SSA office and bring the documents below. These

documents are proof of your eligibility to file for a SSN:

1. The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. your Passport (with the K-1 Visa in it)

3. your valid I-94

4. another form of valid ID (as defined in the SS-5 instructions)

5. You should also bring the document RM 00203.500 that you printed out"

I understand everything except for number 4. In the examples defined in the SS-5 instructions - http://www.ssa.gov/online/ss-5.pdf - the only thing listed that sounds even remotely applicable (aside from 2 and 3 above, which we already have), is a birth certificate. We have a photocopy of her birth certificate, but it says they don't accept photocopies, and the original w/certified translations is still in the envelope of other documents that was kept by immigration officials at the airport. It may be hard to arrange for another "official" birth certificate to be processed, translated, and mailed from Thailand in time. Any suggestions of what can be used as "another form of valid ID" for someone who has just entered the US?

[Nich-Nick 3,354]

I don't actually recall them asking for more than his passport, nor does he. He does have a UK driver's license, so maybe he showed that. Don't you have any cards, or papers from Thailand with you in the US showing your identity.

On a different note, you need your birth certificate and translation for AOS and should have kept the original and turned in a photocopy at the interview in Thailand. You can mail in photocopies for AOS but they might want to see an original certified copy at the interview. We didn't have an interview, so I'm not positive on that but you might want to check that out and get one ordered if you're going to need it.