Get married after 90 DAYS term

[Anh map 2,098]

Hello everyone!

Who got married after 90 days period to the petitioner? How bad was it with filing AOS? What problems u got? Or it was just longer than for others who got married within 90 days? Please, who went through this, let me know. Its very important.

Thank you soooooo much!!

As told to you in your other thread, you will not be adjusting status from the K1. Your spouse will be filing for a spouse visa along with the concurrent I-485.

It is not a very common occurrence among the VJ membership. You can find a VJ member who recently married after the 90 days and filed for adjustment of status from the K1 and it was denied.

*Moving from Adjust Status - Family Visa forum to Adjust Status - Work, Student, Tourist forum as OP will need a spouse visa petition I-130 and I-485 in this instance as the K1 marriage will not happen within the 90 day period*

[mounir412 101]

Some just got to do things the hard way

i agree my friend

[ddartt1 2]

Because man was only born with 10 fingers

There is a penalty for breaking the rule: Applying for another visa for your spouse, waiting again and parting with more $$ :crying:

[Jamaica2009 4]

I have never seen them bend this rule. They tell you at the interview you must get married within 90 days. You sign a letter of intent that states you will get married within 90 days. At the POE they told my wife that she had 90 days to get married. You have 90 days to get married based on a K-1. PERIOD. If you miss that then you need to file the I-130 with the I-485 AOS rather than wasting time seeing about a waiver due to unforseen circumstances. All the OP has to do is file the I-485 with the I-130 which is adjusting status within the US for a spouse of a USC. No need to go back to the home country and do the entire I-130 spousal visa. It will cost more than just the AOS and will take more time, but that is the penalty for not following the rules.

Good luck,

Dave

They also tell you again and give you a piece of paper that tells you this as well at POE!

[ceadsearc 516]

It means you cannot adjust based on the K-1 and you've just cost yourself a lot more money. You will then need to file a concurrent I-130 and adjust status based on that. If you don't, and just try to adjust based on the K-1, then you will be denied.

[Faysheis 0]

so at this point if we get married later (in autumn) and file i130 plus i485, I will be fine? i mean it will take longer and more money, but I wont be denied. Did i understand you right?

[VanessaTony 3,567]

so at this point if we get married later (in autumn) and file i130 plus i485, I will be fine? i mean it will take longer and more money, but I wont be denied. Did i understand you right?

We can't say you will be fine. We can tell you that filing the I-130/I-485 combo is the route for you. We can't tell you that your fiance/e won't be deported if found out of status before you get married. We can't tell you that complications won't occur as a result of you failing to marry in the 90 days... complications such as USCIS wondering about the validity of your relationship if it took you so long to marry after entering on a K1 visa which has explicit intent to marry in 90 days...

Do not intentionally violate the terms of the visa. Get married in a court house and have a family wedding later. Protecting the status of the immigrant is important.

Edited July 9, 2012 by Vanessa&Tony

[Cesar & Cata 35]

We can't say you will be fine. We can tell you that filing the I-130/I-485 combo is the route for you. We can't tell you that your fiance/e won't be deported if found out of status before you get married. We can't tell you that complications won't occur as a result of you failing to marry in the 90 days... complications such as USCIS wondering about the validity of your relationship if it took you so long to marry after entering on a K1 visa which has explicit intent to marry in 90 days...

Do not intentionally violate the terms of the visa. Get married in a court house and have a family wedding later. Protecting the status of the immigrant is important.

Doesn't the 485 require that the persons visa not expire? If the 90 days already passed that would mean the fiance was already out of the authorized stay period. (Instructions 10.D)

[Moomin 292]

Doesn't the 485 require that the persons visa not expire? If the 90 days already passed that would mean the fiance was already out of the authorized stay period. (Instructions 10.D)

The K1 visa doesn't "expire" like a tourist visa. Before POE, it has an expiration date on it, usually it's valid for up to 6 months after being issued. You have to enter US before that date. At the POE, the CBP officer's stamp makes the K1 visa un-usable. Your arrival record(I-94) is the only thing with and expiration date on it after POE.

---

An overstay doesn't automatically make a person ineligible for AOS. An overstay is forgiven when the spouse is a USC. AOS from K1 is not an option when they did not get married within the 90 days. Submitting AOS and i-130 is the only option IF the beneficiary married the original petitioner.

If the medical is more than a year old(and has missing shots) that has to be redone. The fee for i-485 and i-130 is different than AOS based on the i-129f approval.

[Faysheis 0]

thank you, guys. that makes sense to me. but what if even later we faiil to get married and i would go back after for example...lets say...4 months...what should i expect? ban from entering the USA?

[Moomin 292]

thank you, guys. that makes sense to me. but what if even later we faiil to get married and i would go back after for example...lets say...4 months...what should i expect? ban from entering the USA?

A ban due to your overstay. The duration of ban is determined by how many days you overstayed. It might be difficult to later on get a tourist visa or non-immigrant visa to the US since you've already shown an interest in immigrating. Not saying it's impossible, just hard to demonstrate strong ties to home country when you've already had immigrant intent.

[HeatDeath 430]

Your K-1 visa is based on your approved I-129F petition. If you marry within 90 days of entry on a K-1 and adjust status, you are adjusting status based on that underlying I-129F petition. If you marry after the 90 days, you have violated the conditions of the K-1 visa and can no longer adjust status based on that I-129F petition. You would need a new petition. Note that I said new petition. NOT a new visa. Some of the people above are confusing the two.

You would still file for adjustment of status as soon as possible after the wedding, just as you would have if you had married within the 90 days. The only difference is you would need to also file an I-130 petition with your AOS paperwork, and state on the cover letter that the I-13 petition is concurrent with the I-485 AOS application.

So you end up paying 4-500 dollars extra, and delaying your green card issuance for a minimum of several months, during which the intending immigrant will have difficulty getting state ID, a social security number, and other basic functions. You also submit yourselves to extra scrutiny by USCIS, and take on the small, but non-zero extra risk of denial. You also constrain your appeal options in the event of a denial.

All of which is easily avoided by getting a courthouse marriage in the last days of your 90 day window. It's such an easy thing to take care of - there's really no good reason not to get married within the 90 day window.

If you have already failed to marry within the 90 days, DO NOT leave the US to begin applying for a spousal visa. That will delay things by up to a year, and massively complicate things. It is one of the worst things you could do to yourselves. Not having married within 90 days after entering on a K-1 is easily corrected by including an I-130 in your AOS packet. Leaving the US without having filed for AOS is much much much more time and money to correct.

[HeatDeath 430]

When you enter the US on a K-1 visa, you are given an I-94 with an expiry date that is [usually] 90 days after your date of entry. The I-94 tells you how long you are allowed to stay in the US. You begin accumulating out of status days after the I-94 expires.

When you file for AOS, you stop accumulating out of status days. You become an adjustment applicant, and are allowed to stay in the US until your AOS (and any necessary appeals) are adjudicated, one way or another. When your AOS is approved, any out of status days you have accumulated are forgiven.

Bars are triggered when you exit the US without either having been awarded an green card or advance parole, depending on how many out of status days you have accumulated. If you have between 0 and 179 out of status days when you leave the US, no bar is triggered. If you have more than 180 out of status days, but less than a year, you trigger a 3 year bar, which means you will be unable to reenter the US for 3 years. If you have been out of status in the US for more than a year, you trigger a 10 year bar. Note that bars are only triggered when you leave the US.

So you see, it is best if you do not accumulate any out of status days, by marrying within the 90 days and filing your AOS within the 90 days. It is not unheard of for K-1 entrants to accumulate some out of status days, even if they marry within the 90 day window, by waiting until a few weeks or months after the 90 day window to file AOS. In the vast majority of cases this does not matter - the AOS application is approved and the out of status days are forgiven and disappear.

[kitt2001 11]

thank you, guys. that makes sense to me. but what if even later we faiil to get married and i would go back after for example...lets say...4 months...what should i expect? ban from entering the USA?

This might make sense to you but it doesn't to me....Why after going through all the paperwork and all the money spent to get here, would you not get married and go back to your country??? This makes no sense to me...

[RobbyUSA 26]

you snooze, you loose.

next time follow the rules.

good luck because you will need it.