Getting Married within 90 days

[MapleLeafBaby 1]

I have a question. Looks like there will be delays with closing our home, etc... We want to settle in before taking off for a week, as my mom will be watching my little guy. If we marry about 45 days after entry and it takes a couple of weeks to get cert if marriage, I worry we will cut close to 90 days. If I file and package is post marked prior to 90 days, that's ok? What if it's slightly after by a week or so, but they see we married within 90 days?

Thanks guys...ps sorry if there is typos, I'm on tread

Ps. Julybride, looks like I will really be a July bride too!!! We will really file at same time!

Pss. Pretty please leave this in Canada forum?

Edited May 18, 2009 by poprocks

[JillA 2]

I have a question. Looks like there will be delays with closing our home, etc... We want to settle in before taking off for a week, as my mom will be watching my little guy. If we marry about 45 days after entry and it takes a couple of weeks to get cert if marriage, I worry we will cut close to 90 days. If I file and package is post marked prior to 90 days, that's ok? What if it's slightly after by a week or so, but they see we married within 90 days?

Thanks guys...ps sorry if there is typos, I'm on tread

Ps. Julybride, looks like I will really be a July bride too!!! We will really file at same time!

Pss. Pretty please leave this in Canada forum?

You'll be fine As long as you get married within the 90 days, that's what matters, which you are. Even if you apply for AOS shortly after 90 days, that's OK. They will see your marriage cert and know you got married within the 90 days. Now if you got married on the 95th day, that'd be a problem but sending AOS on the 95th day, is fine, for example. Not to worry

[Hugglebuggles 60]

Yeah exactly! You need to marry in the 90 days but you can file your AOS outside of the 90 day window. I'm getting married on day 55, so we're in the same boat.

[Gypsyangel 11]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

[KristinL 0]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

I wonder how far out they will let you push it?

[MapleLeafBaby 1]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

I figure we will marry at the 45 day mark, give perhaps two weeks to obtain cert from township (I should call to verify), that would give me about 30 days to file.

Is that enough time?

[JillA 2]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

I figure we will marry at the 45 day mark, give perhaps two weeks to obtain cert from township (I should call to verify), that would give me about 30 days to file.

Is that enough time?

Definitely, you're good!! I would just suggest doing all the paperwork ahead of time & gathering all required documents, so when you get the certified marriage cert, you can send it off that day!

[MapleLeafBaby 1]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

I figure we will marry at the 45 day mark, give perhaps two weeks to obtain cert from township (I should call to verify), that would give me about 30 days to file.

Is that enough time?

Definitely, you're good!! I would just suggest doing all the paperwork ahead of time & gathering all required documents, so when you get the certified marriage cert, you can send it off that day!

Thanks Jill, I posted a spin off question on the 'visa check' thread.... to go over what I will need. Maybe i'll do that this week, as I will not have a computer for a few weeks after crossing Thanks again for all your help!

[JillA 2]

Assembling the I-485 Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment(s) as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

>> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-485: Petition for Alien Relative

4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

4a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

6. Copy of the non US Citizen Spouses valid I-94 (front and back copies)

7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)

8. A certified copy of your marriage certificate. (If filing for your spouse)

9. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

10. G-325A (all four pages) filled out,signed and dated

11. I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement (I-693A), not the entire medical report. You may include the vaccination supplement with your adjustment of status application.)

12. I-864, Affidavit of Support (see poverty limits here)

>> Include any additional required supporting documentation

13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

>> Include any additional required supporting documentation or photos as well as payment as noted here.

14 I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

>> Include any additional required supporting documentation or photos as well as payment as noted here.

* Fingerprint fee not needed for applicants under 14

** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail.

Add an overall cover page:

It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application. List the major contents of the package (i.e. I-485 and evidence, I-765, I-131,etc).

Where to File Everything:

Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office).

Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS.

[JillA 2]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

I wonder how far out they will let you push it?

They'll approve you if you file for AOS after 90 days, as long as you were married in 90 days. The problem is, you are out of status once the I-94 expires. So it's not a good place to be at all. You have no legal status, technically. Not to mention, you're that further away from travelling and working!

[Hugglebuggles 60]

...but it's better to file within the 90 day window to stay in status ... though I know you can file outside the 90 days and not have any problems ...

I wonder how far out they will let you push it?

They'll approve you if you file for AOS after 90 days, as long as you were married in 90 days. The problem is, you are out of status once the I-94 expires. So it's not a good place to be at all. You have no legal status, technically. Not to mention, you're that further away from travelling and working!

Ok true, but then again, its a good excuse why you need to sit on the couch all day and can't go anywhere... "Honey can you go to the store and get me some Cheetos? I can't leave... I'm out of status." I'm just being a jerk. I know that would get old fast.

Definitely smart to file IN the 90 days, but its not the end of the world if there is a delay beyond your control. I really wouldn't worry Pop... I'm not worried and I worry about everything.

[MapleLeafBaby 1]

Jill YOU ROCK!!!

What is the fingerprint thing they talk about, and when do we go for that?

i'll look for local SSN office now

[JillA 2]

Jill YOU ROCK!!!

What is the fingerprint thing they talk about, and when do we go for that?

i'll look for local SSN office now

Fingerprint fee I.E. Biometrics is part of the $1010

A few weeks after mailing AOS, you will receive a notice in the mail to attend your biometrics appt at the local USCIS office. This is where you will be fingerprinted and photographed, for your EAD/GC. Be sure to do your hair and makeup, LOL this is the picture that will be on your GC! And you can smile too, you don't have to frown like in the passport photos! You will need your passport and appt letter when you go for your bio appt.

Also to note, you need 2 passport photos for EACH application. So, 6 in total (2 for AOS, 2 for EAD, 2 for AP)

I put each set in a plastic baggie with my name and A # written in pencil on the back. Then, attached each baggie to each subsequent application.