Does this seem ok to you?

[Leeander n Stacee 0]

So am expecting my visa in a few days so no worried there. Just wanted to know something concerning my trip. I am thinking of leaving April 12th or at least that week, and ten our wedding is on July 3rd.

That is short of 90 days, but in those 90 days is it you only need to get married? Or do you need to leave a bit of a gap for filing paperwork and so on?

[Otto 83]

The Visa should be issued with a 6-month validity period (you'll have 6-months from the issued date to travel to the US). The 90-day clock starts once you enter the US (90-days to get married).

So you wouldn't want to come to the US sooner than 04/04 since your big day is July 3.

[canadian_wife 1,791]

Just to add, you also want to make sure the paper work gets filed before the 90 days is up so you don't go out of status. Perhaps you should get all the paper work finished before you marry so all you need to do is mail it off once you get married

Good luck.

[baron555 934]

Just to add, you also want to make sure the paper work gets filed before the 90 days is up so you don't go out of status. Perhaps you should get all the paper work finished before you marry so all you need to do is mail it off once you get married

Good luck.

This information is so NOT TRUE. There is no requirement to file the paperwork before the 90 days is up on the I-94 you'll be given upon arrival. It IS SUGGESTED that you file within 90 days but there is no requirement. You CAN get all the paperwork ready before the mariage and then once you have a certified copy of the marriage certificate (that's the document they want to see), you can add that and mail the package off the day that it arrives.

[Bobby+Umit 161]

This information is so NOT TRUE. There is no requirement to file the paperwork before the 90 days is up on the I-94 you'll be given upon arrival. It IS SUGGESTED that you file within 90 days but there is no requirement. You CAN get all the paperwork ready before the mariage and then once you have a certified copy of the marriage certificate (that's the document they want to see), you can add that and mail the package off the day that it arrives.

Yes - it is true, in a way. The requirement is not part of the K-1 visa (or any visa for that matter), it's a requirement of the I-94 issued.

Your status is controlled by the I-94. If you go out of status, you could have issues with ICE, and you are accruing 'unlawful presence' . Go 180+ days and you are looking at a ban if you leave (even if the AOS is in process and your granted an AP).

Only the AOS stops you from getting this 'unlawful presence' and getting days counted against you. (stops the clock so to speak)

Being out of status will not prevent you from doing the AOS however - but it's best to get it done prior to the I-94 expiring (or as close as you can).

(ICE issues, medical may expire (requiring you to do the whole medical again), the off chance that the AOS is denied, and the immigrant has to return home to process, and if they have 180+ 'unlawful presence' , ban time...*)

All spelled out here.

(*disclaimer - most people will likely have no issues like I have described above, but are you willing to take the chance? It's basically a risk vs rewards question - there are posts here on this forum where all things like this has happened.)

[pushbrk 12,144]

This information is so NOT TRUE. There is no requirement to file the paperwork before the 90 days is up on the I-94 you'll be given upon arrival. It IS SUGGESTED that you file within 90 days but there is no requirement. You CAN get all the paperwork ready before the mariage and then once you have a certified copy of the marriage certificate (that's the document they want to see), you can add that and mail the package off the day that it arrives.

Or later. Clearly if you have 90 days to marry, you can marry on day 90 and still adjust status. Perhaps the area of disagreement is the use of the word "should". In today's communication people often simply mean I want, I would, it's good etc. when using that word. There is no firm required date by which AOS must be filed. Most people WANT to file ASAP, so they are free to travel and work etc. Others wait, sometimes to their great disappointment.

I advise people to apply to adjust status as soon as practical after their marriage. Often, paying the associated fees is not practical right away after paying for weddings and honeymoons.

[Nik+Heather 121]

There were some other things that Nik and I took into consideration when choosing his POE vs. wedding dates - He could get on my health insurance here on the day we got married, but not before. Sometimes there is travel insurance available, but their terms are different if you are just visiting or if you are immigrating. For immigrants, some plans barely cover two weeks' worth.

This whole health insurance -> vaccinations -> transcription -> AOS filing issue lead us to take several weeks between marriage and being ready to file for AOS. And that's the easy part. What about in case of accidents - etc.

Filing before our I-94 was a priority for us - for reasons like what Bobby+Umit posts.

Edited March 29, 2010 by Nik+Heather

[alex and astrid 38]

As long as you are married before the 90 days are up, then you are fine. Personally, I didn't feel comfortable leaving getting married until right by the deadline, just because we didn't want to AOS after my I-94 expired. We also knew that the LA County Clerk took it's time issuing marriage certificates. We got married three weeks after I entered the US, and filed our AOS three weeks after the wedding. But, when you marry during the 90 days and when you AOS is up to each couple, as there are extenuating circumstances.

[raymaga 25]

Congrats on getting the visa and best wishes for a beautiful wedding.

We applied for AOS two days after our wedding because I had all the paperwork completed before our wedding, and then just went to the Court House to get our marriage certificate, put it in the envelope and mailed it off.

[Leeander n Stacee 0]

Thankyou everyone i get the full picture now adding everyones comments up haha

well basically i can't take another day in this country without her so i am going to go on the date i suggested, that week of april and we can prove we get married in 90 days and i am def going to have paperwork ready before the marriage so will file as soon as after so then its done.

Thanks again