Question about process after fiancee arrival to US

[Fay.Liu 0]

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 August 20, 2014 by Fay.Liu

[Vanessa + Mario 4]

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.)

[Al422 221]

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.

[Pitaya 2,577]

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.

[KayDeeCee 4,893]

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 August 21, 2014 by KayDeeCee

[Fay.Liu 0]

Thank you everyone. That was very helpful.