When are we "married" for visa purposes?

[Frank y Janeth 1]

Hi all,

Janeth and I are fortunate to have gotten our K1 Visa, and we're currently making plans for her to arrive here in the US in December. My major point of confusion right now is related to the whole process of marrying related to the visa process, since this is my first marriage of any kind, let alone as part of a visa process.

Are we officially married, i.e. the terms of the visa are officially met, once we apply for the marriage license, or if not, what is that threshold from a legal standpoint? Does it vary by state?

[kzielu 1,154]

Once you go through the ceremony and officiant signs your marriage license - at this point you will married, but for your AOS this marriage license has to go back to you county's court, get registered and you need obtain certified copy of it.

[Gary and Alla 3,696]

Hi all,

Janeth and I are fortunate to have gotten our K1 Visa, and we're currently making plans for her to arrive here in the US in December. My major point of confusion right now is related to the whole process of marrying related to the visa process, since this is my first marriage of any kind, let alone as part of a visa process.

Are we officially married, i.e. the terms of the visa are officially met, once we apply for the marriage license, or if not, what is that threshold from a legal standpoint? Does it vary by state?

You are married when you are married. Not before. Check with the state or locality where you will marry on their requirments. When the officiant pronounces you "man and wife"...you are married. Get the certificate and send it in for your AOS.

[Frank y Janeth 1]

Thanks for the help... does that 90 day requirement just refer to the actual marriage? In other words, as long as the certificate is signed and everything is done within those 90 days, we're good? I would think so, since the AOS I'm sure will take a while regardless.

[KayDeeCee 4,902]

Check the requirements for your state. You will get a marriage license from the court, and then have a ceremony. It can be large or small. It can even be done at the courthouse. You just need to be officially married by someone that has the power to do so in your state. They sign the marriage license and usually send it back to the court for you. It will then be registered as legal and you will be able to get certified copies of your marriage certificate.

You need a copy of the certified marriage certificate for AOS. You only have to be married within 90 days of your fiancee arriving in the US. However, you should file for AOS as soon as possible, as she will be out of status once her I-94 expires. She won't be able to work or leave and then return to the US without having her EAD/AP card or green card. It is okay to wait a little bit past the I-94 expiring, and some couples take up to a couple months after marriage to file. If she wants to go to school, work or travel, then she should file as soon as possible.