Married after 90 days

[1h20man 0]

How do you file for AOS after geeting married 10 days after I-94 expired?

Is there a wavier that we can apply for?

Does she have to leave the country?

Will we have to start a different kind of visa?

What are our options?

I appreciate any help anyone can give us. Thanks

[Chris Knouse 3]

Are you saying you didn't get married within the 90 days or you were married and didnt file the AOS within the 90 days?

[Audy_Rob 26]

You probably will be fine as long as the Alien beneficiary (fiance(e) now wife) stays in the USA. Do not let her leave.

You can as you suspected directly adjust status. You need to file the I-130 petition and the cost is about $355 (I am not certain that is correct to the exact dollar).

With the I-130 petition you can file the I-485 to Adjust status.

Be prepared in advance to answer questions as to why you did not comply with the requirement to marry within the 90 day period. If everything is acceptable, you should have no problem.

Good luck.

[Gary and Alla 3,694]

How do you file for AOS after geeting married 10 days after I-94 expired?

Is there a wavier that we can apply for?

Does she have to leave the country?

Will we have to start a different kind of visa?

What are our options?

I appreciate any help anyone can give us. Thanks

She can stay in the country. She should NOT leave, she will not be able to return. File an I-130 ($355) along with your I-485. If she stays in the country she will not need another visa.

If she leaves you will have to apply for a CR-1 (I-130).

[JimVaPhuong 4,863]

You probably will be fine as long as the Alien beneficiary (fiance(e) now wife) stays in the USA. Do not let her leave.

You can as you suspected directly adjust status. You need to file the I-130 petition and the cost is about $355 (I am not certain that is correct to the exact dollar).

With the I-130 petition you can file the I-485 to Adjust status.

Be prepared in advance to answer questions as to why you did not comply with the requirement to marry within the 90 day period. If everything is acceptable, you should have no problem.

Good luck.

This is correct. The alien spouse is no longer eligible to adjust status based on the K1, but they ARE eligible to adjust status as an immediate relative of a US citizen. The only disqualifier would be if they married someone other than the K1 petitioner.

Go to the Adjust of Status from Work, Student, and Tourist Visas forum. Everyone there is going through the same process.

[1h20man 0]

She can stay in the country. She should NOT leave, she will not be able to return. File an I-130 ($355) along with your I-485. If she stays in the country she will not need another visa.

If she leaves you will have to apply for a CR-1 (I-130).

What information is required for evidence with the I-130? And do you know anyone who has gone through the same situation of getting married with I-94 expired? Is it possible to get denied? Thanks so much.

[Joan >3 Bob 20]

THE EARLY BIRD GETS THE WORM:bonk:

[pushbrk 12,968]

What information is required for evidence with the I-130? And do you know anyone who has gone through the same situation of getting married with I-94 expired? Is it possible to get denied? Thanks so much.

Download and study the instructions for the I-130. Of course, it's possible to get denied. If not, we wouldn't petition, apply and interview. Instead we would simply "register". Marriage after the 90 days is not grounds for denial though.

[gyi 1]

If you were to marry after 90 days and file a I-130, would the fee be the same when you applied for AOS.?

[Nik+Heather 121]

You're basically starting over now. Check out the guide for spouses where both are living in the US. It has all the forms etc for the concurrent filing of a spousal petition and adjustment of status.

http://www.visajourney.com/content/i130guide2