Jump to content

22 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello All,

My finance is finally here now, and we are contemplating when exactly to set the wedding date. We really need more time for wedding planning, so we are thinking of setting the wedding date for Sept. 25, but her visa will expire on Sept. 30, so are we cutting things too close by waiting this late, and will this cause us problems when we go to file her change of status? Our only other date available is Aug. 28, and that is just cutting it very close to get everything completed and ready by then, so we would like to move the date back, but we also don't want to cause ourselves any problems with filing for the change of status. How soon before her visa expires should we be planning to be married, to give ourselves plenty of time for filing? Does the wedding date even have any impact on our filing for the change of status, as long as it is before her visa expires? We just really don't know what to do and are majorly stressing, so any guidance and thoughts would be greatly appreciated!!!! :D

Thanks in advance for any and all help you can offer...we are desperate!!!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The K1 visa expired when she used it to enter the US. The date on her I-94 is what you are looking at now.

You are required to be married within 90 days of entry. That should also be the expiration date on the I-94.

Make sure you are married within that 90 day window. File for adjustment of status as soon as you can after the marriage certificate is obtained. It is ok to file the adjustment of status past the 90 day mark.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

since you are planning a wedding and are running out time.... go to the local county court house and get married there and then you can file your papers and not have to worry time lines then you can plane your big wedding after that . thats what i would do.... 90 days and times up so get legal wed in a court room with pictures and everything submite those for you A.O.S then you can plan the big wedding date

Filed: Citizen (apr) Country: Slovenia
Timeline
Posted

Your timeline says she entered the US July 3. You can get married Sept 25 because that is within 90 days. It will not be a problem for AOS.

My Immigration Journey:

K1: June 2010 - December 2010

AOS: April 2011 - June 2011

ROC: April 2013 - August 2013

Naturalization: March 2014 - August 2014

Filed: Country: Philippines
Timeline
Posted

since you are planning a wedding and are running out time.... go to the local county court house and get married there and then you can file your papers and not have to worry time lines then you can plane your big wedding after that . thats what i would do.... 90 days and times up so get legal wed in a court room with pictures and everything submite those for you A.O.S then you can plan the big wedding date

You should be fine with your Sept. 25th wedding date... but still I like this idea (see quote above). You don't even have to tell anyone (although the record of marriage will likely be published in a local newspaper's legal records section). It's probable that no one will know.... then you can relax (with regard to timeline pressures), and enjoy a wonderful wedding ceremony with family & friends on just about any date you wish.

Our wedding pics with music...

http://animoto.com/play/SA1SIQmniZA5gRc3pxkDEA

Posted

You are good to go with your plans to marry on September 25th since it is before the expiration of your I-94. Also, don't beat yourself up trying to get your AOS application in by September 30th. After you marry (and someone here can correct me if I am wrong), you have up to two years to file for AOS without having to concurrently file an I-130.

Congratulations on your upcoming wedding!

Joe & Ann

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I'm not sure why you haven't gotten married already. It's just a formality at the local county court house. Basically fees and paperwork. We had a wedding while on the K1 visa in Vietnam(Sept 2010) and got married in the states(April 2011) then a 2nd wedding(May 2011). As you see there is no problem. Just get marry as soon as possible before your I-94 expires. Weddings can be done anytime. It's the marriage certificate on paper that is the most important.

Posted

I'm not sure why you haven't gotten married already. It's just a formality at the local county court house. Basically fees and paperwork. We had a wedding while on the K1 visa in Vietnam(Sept 2010) and got married in the states(April 2011) then a 2nd wedding(May 2011). As you see there is no problem. Just get marry as soon as possible before your I-94 expires. Weddings can be done anytime. It's the marriage certificate on paper that is the most important.

Some people want to have a wedding celebration, and not just go to the courthouse. Your priorities are not the same as someone else's.

If you had a wedding in Vietnam before your K-1 visa, then you were not eligible to enter the US on the K-1 visa.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Some people want to have a wedding celebration, and not just go to the courthouse. Your priorities are not the same as someone else's.

If you had a wedding in Vietnam before your K-1 visa, then you were not eligible to enter the US on the K-1 visa.

The courthouse is where you do the paperwork. The wedding celebration is the one with all your friends and family. The priority is the same for everyone on a K1 visa. You must get married before I-94 expires. Whenever you have wedding is at your own choice. We had a wedding in VN before K1 visa. No marriage paperwork was signed. We got married in the states at the courthouse. As you see, it's perfectly legal.

Filed: Other Timeline
Posted

Whenever you have wedding is at your own choice. We had a wedding in VN before K1 visa. No marriage paperwork was signed. We got married in the states at the courthouse. As you see, it's perfectly legal.

Um . . . ahh . . . no, it's not.

A couple can reaffirm their vows by having a second wedding celebration, but the first one is the one that counts, and that first one has to take place in the U.S. within the 90-day time frame of the I-94.

If you had a wedding in Vietnam and entered the U.S. with a K-1, you committed immigration fraud.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Um . . . ahh . . . no, it's not.

A couple can reaffirm their vows by having a second wedding celebration, but the first one is the one that counts, and that first one has to take place in the U.S. within the 90-day time frame of the I-94.

If you had a wedding in Vietnam and entered the U.S. with a K-1, you committed immigration fraud.

We did not have vows at our 1st wedding or 2nd wedding. We just had big celebration with 350 guests. We got married in front of a judge and paid the fee. I'm not sure how complicated people are getting married these days. BTW, my wife got the notice in the mail 3 weeks green card will come. I did not break any laws as it is clearly stated in our marriage certificate we are married on April 30, 2011. Pretty simple.

Filed: Citizen (apr) Country: Slovenia
Timeline
Posted

After you marry (and someone here can correct me if I am wrong), you have up to two years to file for AOS without having to concurrently file an I-130.

It's never a good idea to suggest that it's ok to wait up to 2 years to file for AOS. Even though there is not penalty for filing late, AOS should be filed ASAP to protect your status and avoid potential problems.

My Immigration Journey:

K1: June 2010 - December 2010

AOS: April 2011 - June 2011

ROC: April 2013 - August 2013

Naturalization: March 2014 - August 2014

Filed: Citizen (apr) Country: Australia
Timeline
Posted

We did not have vows at our 1st wedding or 2nd wedding. We just had big celebration with 350 guests. We got married in front of a judge and paid the fee. I'm not sure how complicated people are getting married these days. BTW, my wife got the notice in the mail 3 weeks green card will come. I did not break any laws as it is clearly stated in our marriage certificate we are married on April 30, 2011. Pretty simple.

So it wasn't a WEDDING, it was a PARTY, it was an engagement PARTY, or a "reception" but it was NOT a wedding.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...