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Waiting to get married

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Filed: K-1 Visa Country: France
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Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

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Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

I suggest you read the fine print on HOW you have to get married.

You mentioned a religious ceremony but for the purpose of the Green Card,

if you get married by the Pope it doesn't count to Uncle Sam.

A judge can do it - hey I can think of one right now, :rofl:

http://www.nytimes.com/2009/03/08/nyregion...colwe.html?_r=1

Judge Andy signed my divorce papers.... :devil:

Get thee to a judge pronto; no need to cancel the religious ceremony.

Edited by thongd4me

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Filed: K-1 Visa Country: Canada
Timeline

October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

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Filed: K-1 Visa Country: France
Timeline

Thanks for the reply - when i said religious ceremony, i meant that a rabbi who can legally marry us in the state of new york will perform the ceremony. It would still be legal for new york state.

It sounds like we can wait until then and just have all the paperwork ready to go the day after the wedding!

Does anyone have any recommendations for health insurance for my fiance in the meantime?

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Filed: Citizen (apr) Country: Thailand
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Does anyone have any recommendations for health insurance for my fiance in the meantime?

I used this thread as a guide when I was looking for the same thing for my then-fiancee:

http://www.visajourney.com/forums/index.php?showtopic=141348

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Thanks for the reply - when i said religious ceremony, i meant that a rabbi who can legally marry us in the state of new york will perform the ceremony. It would still be legal for new york state.

It sounds like we can wait until then and just have all the paperwork ready to go the day after the wedding!

Does anyone have any recommendations for health insurance for my fiance in the meantime?

No you better check it. Rabbi is fine for the family but may be a problem with Uncle Sam.

I was married to a non-USC and the contacts at the INS said NO religious ceremony of any kind will be honored.

This was 20 years ago and maybe the law has changed but you better check that it's not the "gotcha"

that botches things up for you.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

STOP!

Your K-1 visa is valid for entry into the United States until Oct. 30th. The moment you enter, even if before Oct. 30th, the visa is immediately CANCELLED and replaced by the I-94 which has an expiration date 90 days from when you enter. You MUST get married before the expiration of the I-94.

The AOS does not HAVE to filed before 90 days, it is recommended strongly.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline
Thanks for the reply - when i said religious ceremony, i meant that a rabbi who can legally marry us in the state of new york will perform the ceremony. It would still be legal for new york state.

It sounds like we can wait until then and just have all the paperwork ready to go the day after the wedding!

Does anyone have any recommendations for health insurance for my fiance in the meantime?

No problems with a religious ceremony as long as you get a marriage lisence and the officiant (rabbi) is authorized by the state, I imagine he is.

The very best insurance for your fiancee, if she can get it, would be an international coverage rider on her country's national health plan. Not all countries offer this, but check this first. After that an individual policy can be priced but they tend to be WAY expensive.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
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Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

Just to make it very clear, since no one else has...

The date on the VISA has nothing whatever to do with the date you need to get married by. It is ONLY the date by which your fiancee must enter the USA. IF, for example, she enters the USA September 1, she will have an I -94 dated to expire on or about December 1. THIS is the date by which you MUST get married to file for AOS under a K-1 visa.

If your VISA expires on October 30, it means you were issued the visa around the end of April. It also means that for October 4 to be a valid wedding date she must enter the USA NO EARLIER than July 30 (approx, 31 day months change that and there are a couple in there) IF she has already entered the United States, the visa is cancelled and use the date on her I-94 as the "MUST GET MARRIED BY" date, and actually it must be BEFORE that date. (the day before is just fine)

You have 90 days from the date she ENTERED the United States, visa expiration MEANS NOTHING.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-1 Visa Country: United Kingdom
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Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

Just to make it very clear, since no one else has...

The date on the VISA has nothing whatever to do with the date you need to get married by. It is ONLY the date by which your fiancee must enter the USA. IF, for example, she enters the USA September 1, she will have an I -94 dated to expire on or about December 1. THIS is the date by which you MUST get married to file for AOS under a K-1 visa.

If your VISA expires on October 30, it means you were issued the visa around the end of April. It also means that for October 4 to be a valid wedding date she must enter the USA NO EARLIER than July 30 (approx, 31 day months change that and there are a couple in there) IF she has already entered the United States, the visa is cancelled and use the date on her I-94 as the "MUST GET MARRIED BY" date, and actually it must be BEFORE that date. (the day before is just fine)

You have 90 days from the date she ENTERED the United States, visa expiration MEANS NOTHING.

I wonder if I can add a quick question of my own to this thread... Of course I can, so I will

Am I right in thinking that you can't apply for an AOS until AFTER you're married? I've heard people say do it ASAP, but surely that means ASAP 'after the wedding'?

Dave

UK-US%20Flags2.gif

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

Just to make it very clear, since no one else has...

The date on the VISA has nothing whatever to do with the date you need to get married by. It is ONLY the date by which your fiancee must enter the USA. IF, for example, she enters the USA September 1, she will have an I -94 dated to expire on or about December 1. THIS is the date by which you MUST get married to file for AOS under a K-1 visa.

If your VISA expires on October 30, it means you were issued the visa around the end of April. It also means that for October 4 to be a valid wedding date she must enter the USA NO EARLIER than July 30 (approx, 31 day months change that and there are a couple in there) IF she has already entered the United States, the visa is cancelled and use the date on her I-94 as the "MUST GET MARRIED BY" date, and actually it must be BEFORE that date. (the day before is just fine)

You have 90 days from the date she ENTERED the United States, visa expiration MEANS NOTHING.

I wonder if I can add a quick question of my own to this thread... Of course I can, so I will

Am I right in thinking that you can't apply for an AOS until AFTER you're married? I've heard people say do it ASAP, but surely that means ASAP 'after the wedding'?

You are right in thinking that. "ASAP" means ASAP after marriage. And of course you can add a question but you generally will get more answers if you start your own thread.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Thailand
Timeline
Am I right in thinking that you can't apply for an AOS until AFTER you're married? I've heard people say do it ASAP, but surely that means ASAP 'after the wedding'?

You are correct. You cannot apply until after you are married and have a marriage certificate, since you need to include this certificate as part of your evidence.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Filed: K-1 Visa Country: France
Timeline
Thanks for the reply - when i said religious ceremony, i meant that a rabbi who can legally marry us in the state of new york will perform the ceremony. It would still be legal for new york state.

It sounds like we can wait until then and just have all the paperwork ready to go the day after the wedding!

Does anyone have any recommendations for health insurance for my fiance in the meantime?

No problems with a religious ceremony as long as you get a marriage lisence and the officiant (rabbi) is authorized by the state, I imagine he is.

The very best insurance for your fiancee, if she can get it, would be an international coverage rider on her country's national health plan. Not all countries offer this, but check this first. After that an individual policy can be priced but they tend to be WAY expensive.

About the Health Insurance - I was in the same position - I am the French Alien here - Your fiance will have no problem finding an insurance company in France that issues universal coverage - mine was provided by "April Mobilité" part of the AXA insurance group - and my premium rounded up at 85 euros a month is I remember well. WAY cheaper than even my wife's company healthcare plan - and better coverage too...

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Filed: K-1 Visa Country: France
Timeline
Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

Hi, I don't think you're cutting it too close. You need to submit a marriage certificate after your wedding. If you'll have that in time to submit your AOS application, you should be fine.

- LB

Stay tune for yet another immi-saga in the life of LB & JD. Coming soon ---> AOS Chronicles

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Filed: K-1 Visa Country: Morocco
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October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

does this mean once you marry, the benifecry becomes out of status until the aos is done? :unsure:

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