Jump to content
Sign in to follow this  
Fay.Liu

Question about process after fiancee arrival to US

6 posts in this topic

Recommended Posts

Hi,

My fiancee has already gotten the green light and has received the visa to come to the US. I know we have to get married within 3 months of her arrival. Is a wedding ceremony required within that 3 months or is filing a marriage certificate/license enough? I ask this because my fiancee is Catholic and I am in the process of being inducted into the Catholic church. The process will take roughly 8 months and we were hoping to do the ceremony itself after I have finished. Also, at the moment we are a little tight on finances and was hoping to be able to save up a bit more before we organize the ceremony and reception. Also what other processes are there after arriving to the US besides getting married within 3 months, getting green card, and citizenship? I also have heard there is a second interview/follow-up to check on the status of the married couple, can anyone confirm that please and is there a rough time frame when they usually do that?

Thank you

Edited by Fay.Liu

Share this post


Link to post
Share on other sites

Hi. Congrats on your approval!

I believe you have to be married within the 90 days.

(My fiancé and I are Catholic as well, and we are planning to get married at our nearest courthouse right away, and have our wedding later on after we save up some money.)



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

Share this post


Link to post
Share on other sites

You have to be married, get the certificate and file it along with your AOS application with USCIS in 90 days. You can have whatever religious celebration you want any time you want it, but them marriage must take place in the aforementioned time period.

Share this post


Link to post
Share on other sites

You have to be married, get the certificate and file it along with your AOS application with USCIS in 90 days. You can have whatever religious celebration you want any time you want it, but them marriage must take place in the aforementioned time period.

That is not entirely correct.

To properly complete the requirements of the K1 visa, the visa beneficiary does have to get married to the USC visa petitioner within ninety days of their entry into the US (POE). The K1 visa is a one-way, one-time visa that expires as soon as the visa beneficiary completes their US entry. After that the visa beneficiary's immigration status is dependent on the electronic I-94. Technically, there is no requirement as to when to start the AOS process. After POE arrival, the visa beneficiary should promptly get their SSN, get married and then consider filing their AOS as soon as possible, this is a general forum recommendation.

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Yes, they do need to marry within 90 days in order to fulfill the requirements of the K-1. Marrying within the 90 days makes them eligible to adjust status from the K-1.

9 FAM 41.81 N1.1 Classification Under INA 101(a)(15)(K)(i)

An alien may be classified as a K-1 if he or she is the beneficiary of an approved Form I-129-F, Petition for Alien Fiancé(e), for issuance of a nonimmigrant visa (NIV). If the consular officer is satisfied that the alien is qualified to receive such a visa, the alien may be admitted to the United States for the purpose of concluding a marriage to the petitioner within a 90-day period.

http://www.state.gov/documents/organization/87391.pdf

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

OP> You need to marry within 90 days of the K-1 entry. There is no deadline to file for adjustment of status, but once the I-94 expires, after 90 days, then you will begin to accrue unlawful presence. Filing for AOS places you in a new period of authorized stay while waiting for the green card approval.

You will receive a 2 year conditional green card, and you must file to remove conditions within 90 days of it expiring > http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

Being eligible for US citizenship comes after being an LPR and married to the USC spouse/petitioner for those 3 years >http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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.
×