Marriage

[Cathey & Paul 0]

Question: How soon can we get married once my Fiance gets to the US and we start the next process?

[JlovesA 109]

You can get married the same day he does his POE. There is no need to wait, unless your marriage license requires a waiting period (as most do). But you will need to look into your county's regulations for that.

Edit: if you have your marriage license in hand when he POE's and you have waited the waiting period (usually a few days to a week) then literally, as soon as he steps foot onto American soil (after customs of course!) you can marry.

Edited September 15, 2010 by JlovesA

[Matt & Bing 56]

Question: How soon can we get married once my Fiance gets to the US and we start the next process?

The I-129F petition approval is the first step. The beneficiary will need the visa of course to enter the country and you can get married ASAP after the marriage license is issued.

[Gary and Alla 3,696]

Normally immediately. Some states have a waiting period for licenses to take effect, usually 3 days.

In most states you could, in theory anyway, get married at the airport when she gets off the plane and drop the AOS papers in the mailbox at the airport, same day. You just need copies of her I-94, marriage certificate, etc. If you ask ahead of time, you can expedite getting the marriage certificate. We got married on a Friday evening and I had certified marriage certificates in hand Monday morning. You could even send it in without the marriage certificate and get one ready for the RFE which will come later...up to you. I say better to wait a couple days and have everything.

[TBoneTX 47,545]

Good advice from everyone above, particularly from Gary. In addition, be SURE that you marry within the 90 days of entry, in accordance with the I-94!

We were married by a Justice of the Peace during the early afternoon of a Friday, around 3 weeks after the fiancee's POE. As the JP signed the marriage license, we asked if we could hand-carry it to the courthouse ourselves, due to the escalated urgency of the immigration process. He agreed. We blew down to the courthouse and asked for 7 (si man, seven) copies of the marriage certificate, at $7 each. The clerkette hadn't ever had a request for so many, but she complied in good humor, and we left with certificates in hand. Our AOS package was then ready to go. After AOS, bank requirements, souvenirs for the mothers, etc., I think that we have 2 copies left.

The above illustrates that this part of the process can be done rapidly, and it's one example of how to approach it.

[Cathey & Paul 0]

Thank you all. Once the K1 is approved and he can come home to the US we were planning on going to the Justice of Peace to get married (formal wedding later - 90 is not enough time to plan a wedding). Then we would start the next process I-130 & I 485.

[Darnell 8,479]

Thank you all. Once the K1 is approved and he can come home to the US we were planning on going to the Justice of Peace to get married (formal wedding later - 90 is not enough time to plan a wedding). Then we would start the next process I-130 & I 485.

Please remove any I-130 from your 'forms equation' - as

it's not needed for the AOS, when adjusting status from a K-1 visa.

(caveat - it IS needed when it's been more than 2 years past the POE date).

A quick comment -

although in theory, it is possible to get married 'same day' of arrival in USA

but

you really should STUDY what the requirements are for your state.

For example - if your state requires him to have a SSN for the marriage certificate,

then

you must wait about 14 days past the POE date, go in to SSA office, and get apply, then come back to SSA office again, 2 days later, to retrieve the number (card shows up in the mail later).

So, if yer state requires a SSN - figure 16 days, when 'pushing it' and 'staying on calendar'.

What are your state requirements for marriage, re: SSN ?

[Gary and Alla 3,696]

Please remove any I-130 from your 'forms equation' - as

it's not needed for the AOS, when adjusting status from a K-1 visa.

(caveat - it IS needed when it's been more than 2 years past the POE date).

A quick comment -

although in theory, it is possible to get married 'same day' of arrival in USA

but

you really should STUDY what the requirements are for your state.

For example - if your state requires him to have a SSN for the marriage certificate,

then

you must wait about 14 days past the POE date, go in to SSA office, and get apply, then come back to SSA office again, 2 days later, to retrieve the number (card shows up in the mail later).

So, if yer state requires a SSN - figure 16 days, when 'pushing it' and 'staying on calendar'.

What are your state requirements for marriage, re: SSN ?

It is true that theory does not always work in practice. The sticking point can often be the marriage certificate, depending how your state handles that. To get one quickly may involve some "legwork" on your part. It is also true you will not need the I-130 to adjust from a K-1. The I-130 is a petition, you already did that with the I-129f.

As far as SSNs...you can get an SSN the day after the fiancee arrives, no need to wait AND when the Supreme court allowed an appeals court ruling in 2008 to stand it essentially eliminated the need for SSNs for marriage licenses. States can ask for one, but cannot require it. One of these days the SS administration will catch up and stop issuing SSNs to K-1s the same as they do not issue them to K-2s, K-3s and K-4s. Don't hold your breath. SSNs are not needed for the AOS process.

At any rate, once the legal entry is recorded in the SAVE system at midnight on the day of arrival you can file for an SSN in name exactly as in the passport and visa. If there are name changes going to be involved...do them later, after you have a green card. DO NOT LEAVE the SS office until you have a receipt for the SSN application. Ask for supervisors if you need to. K-1s are absolutely, positively eligible for SSNs. Alla applied 16 hours after arrival.

The next day, go back to the SS office and ask for the NUMBER. They are generated each night by computer. You can have your SSN in less than 48 hours after arrival. Taking longer than that is your choice.

Basically, in practice, if your AOS is not in the mail 1 week from your fiancees arrival, it is because YOU delayed it. Certainly you can, but that is your choice, there is no prescribed "waiting period"

Edited September 15, 2010 by Gary and Alla

[BirdyGirl85 23]

I am so confused about my fiance applying for a SSN. So many times I read you have to wait 14 days after arrival. I just wonder why people are saying that if Gary and Alla were able to apply for one so soon. Even here on the VJ guidelines, it says to wait 14 days.

Edited September 16, 2010 by BirdyGirl85

[Darnell 8,479]

I am so confused about my fiance applying for a SSN. So many times I read you have to wait 14 days after arrival. I just wonder why people are saying that if Gary and Alla were able to apply for one so soon. Even here on the VJ guidelines, it says to wait 14 days.

The major 'mitigating factor' for success here,

is

the existence of a record on the K-1 visa holder

in

The SAVE Database

SSA clerk does a 'lookup' on the SAVE Database when an applicant (K-1/CR-1/IR-1/CR-2/IR-2/IR-5 visa holder) is there, in person, to determine IF the applicant is eligible to apply or not.

SAVE system is rarely updated in real-time, is always some batch process for update - and based on WHAT I'VE STUDIED HERE (ppls reports over the last 2 years) - it seems that -

14 days past POE date is the 'magic day' that the record actually shows up in SAVE database.

Could it be sooner than that? ABSOLUTELY !

IMO, Alla got lucky, they found her PDQ in the SAVE system.

more info on SAVE - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=1721c2ec0c7c8110VgnVCM1000004718190aRCRD&vgnextoid=1721c2ec0c7c8110VgnVCM1000004718190aRCRD

HTH !

[BirdyGirl85 23]

Well I guess I'll just wait 14 days before my fiance and I go apply to get a SSN for him. I think we'll get married after he gets his SSN. I just feel it would be better for him to get his SSN soon in case we need him to have SSN to have a joint bank account, things like that that we would need for the AOS.

[Cathey & Paul 0]

my finace already has a US SSN so we can get married the same week after POE?