Marrying at very end of K1

[KayDeeCee 4,900]

They only have to marry within 90 days of entry with the K-1. He will be out of status once his I-94 expires and he has not yet filed for AOS. Not sure her parents would care about that though.

Edited February 3, 2015 by KayDeeCee

[raven52 234]

Sounds like "someone wants another person, to change their mind" there could be no other rational reason, for the extreme delay.

[CowBoE 429]

This advice may be controversial but your friend shouldn't consult with the fiance's parents regarding their marriage. If he wants to get married, then do it.

I agree...you make your own marriage decision.

That said, if they need father-in-law's help with all sorts of financial sponsorship/support,

then I guess, they are bit stuck.

[CheekyMonkeys154 27]

If she loves him and her parents are trying to destroy the relationship they should be ashamed of themselves. Clearly only care about their narrow minded view and not what makes their daughter happy.

[MGill 2]

Hey lad,

Just to give my two cents, When I was going through Shannon pre-clearance last week (29/1), I was repeatedly warned by the immigration officer to get get married as soon as possible (within 2/3 weeks) and to adjust within the 90 days. The requirements of the K-1 visa is to be get married AND file for adjustments within the 90 days, not just to get married.

The K-1 visa is a ONE time entry visa and is only void AFTER the 90 days, not after you enter, you just cant enter using it twice..you are a legal resident for those 90 days. You ARE required to adjust within the 90 days, on day 91, you ARE an unlawful resident (not matter what way you cut the cheese) if you dont file for adjustment. You are not authorised to be within the US on day 91. Just because you got married within the 90 days doesn't mean you are lawfully allowed to stay in the country...USCIS will allow you to adjust after 90 days, only because you are married to the USC, but they will ask why you didn't adjust within the 90 days as you agreed to when applying for a K-1 visa.

So your friend needs to be married prior to the 90day limit...also remember there's a time lag between, getting married and getting the certified copy of the marriage license and all the posting etc.

[KayDeeCee 4,900]

Hey lad,

Just to give my two cents, When I was going through Shannon pre-clearance last week (29/1), I was repeatedly warned by the immigration officer to get get married as soon as possible (within 2/3 weeks) and to adjust within the 90 days. The requirements of the K-1 visa is to be get married AND file for adjustments within the 90 days, not just to get married.

The K-1 visa is a ONE time entry visa and is only void AFTER the 90 days, not after you enter, you just cant enter using it twice..you are a legal resident for those 90 days. You ARE required to adjust within the 90 days, on day 91, you ARE an unlawful resident (not matter what way you cut the cheese) if you dont file for adjustment. You are not authorised to be within the US on day 91. Just because you got married within the 90 days doesn't mean you are lawfully allowed to stay in the country...USCIS will allow you to adjust after 90 days, only because you are married to the USC, but they will ask why you didn't adjust within the 90 days as you agreed to when applying for a K-1 visa.

So your friend needs to be married prior to the 90day limit...also remember there's a time lag between, getting married and getting the certified copy of the marriage license and all the posting etc.

You are NOT required to file for AOS within those 90 days, and the USCIS does not ask those that apply for AOS after their I-94 expires why they did not apply within 90 days of entry.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

No mention of a deadline in the laws either > 8 CFR Sec. 214.2(k)(6)(ii)

(k) Spouses, Fiancées, and Fiancés of United States Citizens—

(6) Adjustment of status from nonimmigrant to immigrant.

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act.

Edited February 5, 2015 by KayDeeCee

[Boiler 46,936]

There have been cases on here where people have been out of status for decades and then adjusted.

A few where people have been deported.

[KayDeeCee 4,900]

I have seen a few K-1 entrants detained by ICE while being out of status. I have never seen anyone post about being deported while eligible to file for AOS.

[VadnVince 24]

This advice may be controversial but your friend shouldn't consult with the fiance's parents regarding their marriage. If he wants to get married, then do it.

Sensible answer, but may not be practical if cultural traditions are strong. Apparently, the parents blessings haven't been given for this union and that weighs heavily with the fiance, if they haven't defied the request and married anyway. I say be sensitive to the situation without encouraging defiance, just because they're "adults." That could cause more harm than good for future extended family relationships. As longs as it's within the 90 day limit of the visa, immigration is cool with it! LOL

[VadnVince 24]

Hey lad,

Just to give my two cents, When I was going through Shannon pre-clearance last week (29/1), I was repeatedly warned by the immigration officer to get get married as soon as possible (within 2/3 weeks) and to adjust within the 90 days. The requirements of the K-1 visa is to be get married AND file for adjustments within the 90 days, not just to get married.

The K-1 visa is a ONE time entry visa and is only void AFTER the 90 days, not after you enter, you just cant enter using it twice..you are a legal resident for those 90 days. You ARE required to adjust within the 90 days, on day 91, you ARE an unlawful resident (not matter what way you cut the cheese) if you dont file for adjustment. You are not authorised to be within the US on day 91. Just because you got married within the 90 days doesn't mean you are lawfully allowed to stay in the country...USCIS will allow you to adjust after 90 days, only because you are married to the USC, but they will ask why you didn't adjust within the 90 days as you agreed to when applying for a K-1 visa.

So your friend needs to be married prior to the 90day limit...also remember there's a time lag between, getting married and getting the certified copy of the marriage license and all the posting etc.

I disagree with the any urgency of filing for the AOS within the 90 day period. Immigration officers are very "adept" at giving misinformation and an officer doesn't have anything to do with the K-1 process, other than verifying that the visa is legal at your port of entry.

[CheekyMonkeys154 27]

I disagree with the any urgency of filing for the AOS within the 90 day period. Immigration officers are very "adept" at giving misinformation and an officer doesn't have anything to do with the K-1 process, other than verifying that the visa is legal at your port of entry.

While that is entirely true , getting married in the earlier part of your 90 days gives you ample times to complete the necessary forms and submit them within your 90 day time frame. While it is probably true you won't be deported, if you have not submitted your AOS prior to your 91st day then you are technically here illegally at that point and it is frowned upon. And while they do normally allow you to AOS after that date and allow you to stay, it is best to do it early and submit your paperwork on time.

[Cody and Daisy 374]

While that is entirely true , getting married in the earlier part of your 90 days gives you ample times to complete the necessary forms and submit them within your 90 day time frame. While it is probably true you won't be deported, if you have not submitted your AOS prior to your 91st day then you are technically here illegally at that point and it is frowned upon. And while they do normally allow you to AOS after that date and allow you to stay, it is best to do it early and submit your paperwork on time.

They do not "normally allow you to AOS" after the 90 days.

They DO allow you because being married to a usc means you are forgiven to not technically being illegal, but out of status.

You do not have to do AOS within those 90 days.

Then 90 days are only the timeframe to get married.

Some people cannot afford to AOS within those 90 days (like me) and therefore take more time.

Some took months, others took years.

The chances of being deported or detained whilst out of status are only increased when someone loves next to the border.

I really wish people on here would stop telling others that if they don't submit AOS before 90 days is up then they are illegal.

Edited February 17, 2015 by Cody and Daisy

[Boiler 46,936]

I really wish people on here would stop telling others that if they don't submit AOS before 90 days is up then they are illegal.

They are out of status, undocumented?

[Cody and Daisy 374]

They are out of status, undocumented?

It's more of the word illegal I have a problem with.

It's not like they don't know we are here, and illegal makes it sound like we came illegally and we can't be here at all.

[Boiler 46,936]

You would not be here legally, seems like you are arguing semantics.

How about Prospective Citizen?

Edited February 17, 2015 by Boiler