K1 Adjustment of status

[Maire 1]

OK...iam gonna make it as simple as possible. I brought my fiance with a K1 visa (fiance). His 90 days expired January 19th and since he was having a hard time adjusting to the new life and the relationship was very rocky I decided not to get married. I did this because since he is Cuban, he could still stay here without being deported and apply for residency after 1 year and 1 day. However, we are trying to work things out and we might get married. Is it possible to get married after 90 days? Even though he is already out of status since Jan 19th? Or we had to get married within those 90 days in order for him to do adjustment of status?

[john_and_marlene 162]

You can get married after the 90 days.

Instead of adjusting status based on the K1 entry, you will have to submit an I-130 petition concurrently with the adjustment of status. The I-130 will be the basis for adjustment instead of the K1.

[payxibka 10,048]

OK...iam gonna make it as simple as possible. I brought my fiance with a K1 visa (fiance). His 90 days expired January 19th and since he was having a hard time adjusting to the new life and the relationship was very rocky I decided not to get married. I did this because since he is Cuban, he could still stay here without being deported and apply for residency after 1 year and 1 day. However, we are trying to work things out and we might get married. Is it possible to get married after 90 days? Even though he is already out of status since Jan 19th? Or we had to get married within those 90 days in order for him to do adjustment of status?

You can marry outside the 90 days but you can no longer adjust status as a K-1 with only an I-485 application ($1010)... His path to a greencard becomes an I-130 petition ($355) for an immediate relative and an I-485 ($1010) at the same time.

[sachinky 465]

If you do get married outside of the 90 days you can no longer AOS from your K-1. Instead the AOS will now happen as an immediate relative of a USC. So file the I-130 and I-485 concurrently.

[Maire 1]

OK so it will be more money then? and do i need to submit all the same documents such as copy of NO2 and marriage certificate as well?

[payxibka 10,048]

OK so it will be more money then? and do i need to submit all the same documents such as copy of NO2 and marriage certificate as well?

read the instructions... each has its own evidence requirements and they are listed there

[sachinky 465]

Yes, more petition filing fees.

As for the documents, you'd need to check out the AOS guides.

[Maire 1]

thank you

[Otto 83]

Just to add - you would follow THIS guide if/when you decide to marry.

[Maire 1]

Just to add - you would follow THIS guide if/when you decide to marry.

thank you so much for this info. It is highly appreciated.