after arriving in the US on K-1 visa

[Didisan 0]

Hi everybody:-)

I got my K-1 visa successfully and finally my boyfriend and I are together :-)

What is the next step? What papers I have to fill in within the 90 days period before the wedding?

Thank you in advance

[yohino 22]

You have to get married within 90 days, then you file the AOS paperwork.

http://www.visajourney.com/content/k1k3aos

Edited to add, you do know he is your fiancee and not your boyfriend right

Edited February 12, 2011 by yohino

[Krikit 1,163]

Moving from K-1 Process to Adjustment of Status forum.

[Kathryn41 3,205]

Congratulations!

Between a week to 10 days after your fiance's arrival he should apply for his Social Security Number at your local SSA facility. He is eligible to receive a SSN card based on the K-1. He has to apply no later than 2 weeks before the date in the I-94 stapled in his passport or wait until after he gets either his work permit or his green card, so the sooner he applies for it the better. It will a 'restricted' card which means he can't work until he gets permission to work but he will find having the SSN useful for opening up accounts and getting a driver's license and such.

Next, you will want to get married before the I-94 expires. That is the condition on the K-1 visa - getting married within 90 days. When you get back the official marriage certificate, you then apply for his green card - which is his permission to remain in the US to live and work. He does this by filing the I-485 petition (a request to adjust his status from the non-immigrant fiancee to a permanent resident through marriage to a US citizen), along with the necessary documents. You also need to provide him with an I-864 Affidavit of Support - this is more binding than the I-134 you filed for the K-1. At the same time he can apply for permission to work and permission to travel while he waits for his green card.

You don't need to submit the I-485 and all of the other paperwork before the I-94 expires (that is, within the 90 days), but it is a good idea to do so or as soon afterwards as you can. Once the I-94 expires your 'husband' starts to accumulate 'out of status' days until you do file the I-485. Once he files the I-485 he is once again 'legally present' in the US until he receives the decision on the I-485 application .

There is lots of good information about what to do next in the AOS forum, which is where your post now is. Read over the guides and read over all of the different forms and their instructions. It will seem really intimidating and somewhat overwhelming at first, but just break everything down into smaller units or make a list of what you need to do; and you will find that it is actually very manageable

Good luck

Edited February 12, 2011 by Kathryn41

[Didisan 0]

Congratulations!

Between a week to 10 days after your fiance's arrival he should apply for his Social Security Number at your local SSA facility. He is eligible to receive a SSN card based on the K-1. He has to apply no later than 2 weeks before the date in the I-94 stapled in his passport or wait until after he gets either his work permit or his green card, so the sooner he applies for it the better. It will a 'restricted' card which means he can't work until he gets permission to work but he will find having the SSN useful for opening up accounts and getting a driver's license and such.

Next, you will want to get married before the I-94 expires. That is the condition on the K-1 visa - getting married within 90 days. When you get back the official marriage certificate, you then apply for his green card - which is his permission to remain in the US to live and work. He does this by filing the I-485 petition (a request to adjust his status from the non-immigrant fiancee to a permanent resident through marriage to a US citizen), along with the necessary documents. You also need to provide him with an I-864 Affidavit of Support - this is more binding than the I-134 you filed for the K-1. At the same time he can apply for permission to work and permission to travel while he waits for his green card.

You don't need to submit the I-485 and all of the other paperwork before the I-94 expires (that is, within the 90 days), but it is a good idea to do so or as soon afterwards as you can. Once the I-94 expires your 'husband' starts to accumulate 'out of status' days until you do file the I-485. Once he files the I-485 he is once again 'legally present' in the US until he receives the decision on the I-485 application .

There is lots of good information about what to do next in the AOS forum, which is where your post now is. Read over the guides and read over all of the different forms and their instructions. It will seem really intimidating and somewhat overwhelming at first, but just break everything down into smaller units or make a list of what you need to do; and you will find that it is actually very manageable

Good luck

Thank you very much for your detailed answer! I appreciate it :-) my I-94 expires on April 29. Is it too late to schedule a wedding on April 23th? Does it interfere my legal stay here in the US and will we have enough time to file I-485?

[Krikit 1,163]

As long as you marry before the expiry date on your I-94 you will be abiding by the terms of your visa. You will want to file the AOS as soon after that as possible but it does not have to be before the I-94 expiry.

[visionbat 0]

Once my fiance and I are married and we register the marriage that is all she needs to do to remain here after the k1 visa expires? We will apply for adjustment of status right after we are married but that won't be approved before the 90 days are expired so as long as our marriage is registered everything is fine while we wait for approval of status adjustment?

[SunDrop 59]

Once my fiance and I are married and we register the marriage that is all she needs to do to remain here after the k1 visa expires? We will apply for adjustment of status right after we are married but that won't be approved before the 90 days are expired so as long as our marriage is registered everything is fine while we wait for approval of status adjustment?

There is no law that says she has to apply before the expiry date on her I-94. Only to get married before then. I arrived in the US on July 9th, married on July 17th and didn't submit the AOS paperwork until November 22nd. My I-94 expired on October 7th.

However, until that AOS paperwork is filed along with the EAD and AP she cannot work or leave the country until those 2 applications are approved. Her countdown to 3 years' residency before applying for citizenship doesn't begin until her GC is approved and often she cannot drive or study without at least her EAD.

If she gets stopped by law enforcement, they may have issues with the fact it'll look like she's out of status. It has been known before that a foreign K-1 spouse, pre-AOS filing and post-I94 expiration be stopped and detained until the AOS is filed. Therefore, most people want to at least file so they have their NOA1 before or not long after their I-94 expires.

Maybe find out how long it takes for your county to produce the marriage certificate. I think Hawai'i takes a long time but some places you get it immediately. Ours is part of the license and our Minister just completed the date and names. We filed a copy at the Superior County Court, by taking it in to show them, but we just kept the original.

[JimVaPhuong 4,863]

Once my fiance and I are married and we register the marriage that is all she needs to do to remain here after the k1 visa expires? We will apply for adjustment of status right after we are married but that won't be approved before the 90 days are expired so as long as our marriage is registered everything is fine while we wait for approval of status adjustment?

No, getting married doesn't confer any lawful presence status to her. It just makes her eligible to adjust status and get a green card. When her I-94 expires then she will be out of status. However, a period of authorized stay is granted while the AOS is being adjudicated. This period of authorized stay begins the day USCIS receives the AOS petition - the same day printed on the receipt notice you'll receive, and it ends the day a decision is made on the AOS petition.

If you submit the AOS petition and it's received before her I-94 expires then she won't be out of status at any time. If you submit the AOS petition after her I-94 expires then she'll have a period of unlawful presence, but it won't have any effect on her AOS petition. As long as you get married within 90 days of her arrival then she's eligible to adjust status based on the K1 and marriage, even if her I-94 has already expired when you send the AOS petition.

[Didisan 0]

No, getting married doesn't confer any lawful presence status to her. It just makes her eligible to adjust status and get a green card. When her I-94 expires then she will be out of status. However, a period of authorized stay is granted while the AOS is being adjudicated. This period of authorized stay begins the day USCIS receives the AOS petition - the same day printed on the receipt notice you'll receive, and it ends the day a decision is made on the AOS petition.

If you submit the AOS petition and it's received before her I-94 expires then she won't be out of status at any time. If you submit the AOS petition after her I-94 expires then she'll have a period of unlawful presence, but it won't have any effect on her AOS petition. As long as you get married within 90 days of her arrival then she's eligible to adjust status based on the K1 and marriage, even if her I-94 has already expired when you send the AOS petition.

thanks for your answer, I was also interested in this.