Adjustment of status...Worried about meeting 90 day limit to marry...is this enough time?

[meggy91224 1]

Hey, guys! My fiance will come to the US tomorrow and I'm just reading through everything to become familiar with the process. It doesn't look like we will be able to get married until mid-July. He is arriving 5/13/15. The 90 days will be up 8/13/15. If we get married 7/13/15, that leaves us a month to submit everything for adjustment of status. Is this feasible? Can we get everything done in a month? Any suggestions on what to work on first and get done before we marry would be helpful. Any suggestions? I have looked through the guides on here.

[Morganalmonshid94 84]

You just have to get married within the 90 days not apply for aos, some people have to wait longer before they apply because of finacial reasons but just know they will be out of status and cannot work until you are able to apply .

[Ebunoluwa 6,136]

Yes, that will be enough time. Before marriage you can get his SSN. Print all the forms out and re read the supporting documents requirement and

line it all up. If his vaccs are not complete then get them done, if marked complete then you don't have to.

There is no time limit for AOS just get it done, even if you would be a few weeks late it will be forgiven.

Make sure you also apply for EAD and AP.

[sweet01 39]

Hey, guys! My fiance will come to the US tomorrow and I'm just reading through everything to become familiar with the process. It doesn't look like we will be able to get married until mid-July. He is arriving 5/13/15. The 90 days will be up 8/13/15. If we get married 7/13/15, that leaves us a month to submit everything for adjustment of status. Is this feasible? Can we get everything done in a month? Any suggestions on what to work on first and get done before we marry would be helpful. Any suggestions? I have looked through the guides on here.

Hi meggy91224,

Yes one month is enough I myself did marry my fiance now husband after a month and it's definitely fine. After 2 weeks of your stay here, you can get your SSN right ahead so that you can work on opening joint accounts like bank account and some city hall also asked about SSN on marriage license if you're going to do a civil wedding with them.

You can also double check all the requirements needed for Adjustment of Status here on this site so that you can already prepare the paper works ahead of time. (like vaccination reports if you need one, pictures, wedding venue and reception ) That's what I did and have submitted everything on time God Bless on your new lifelong adventure

Edited May 12, 2015 by sweet01

[KayDeeCee 4,891]

Fill out and do everything you can before you marry, then finish it all off and add in the copy of your marriage certificate.

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.

[usmsbow 795]

Hi meggy91224,

Yes one month is enough I myself did marry my fiance now husband after a month and it's definitely fine. After 2 weeks of your stay here, you can get your SSN right ahead so that you can work on opening joint accounts like bank account and some city hall also asked about SSN on marriage license if you're going to do a civil wedding with them.

You can also double check all the requirements needed for Adjustment of Status here on this site so that you can already prepare the paper works ahead of time. (like vaccination reports if you need one, pictures, wedding venue and reception ) That's what I did and have submitted everything on time God Bless on your new lifelong adventure

1. You can get your SSN the day after you arrive. There is no need to wait 2 weeks now.

2. Even though some city halls ask about SSN for marriage license on their applications, in reality they don't have that requirement now for foreigners (assuming they can provide a passport instead).

OP- as everyone else has stated, you should have plenty of time to file for the AOS. We just sent our in last week, and I think it took us a couple weeks to put together (including getting additional passport photos mailed to us). Had we been more dilligent and focused, I think we could have done it in half that time.

[visaqueries 111]

We were married then sent in the AOS paperwork three days after the marriage (they received it 9 days after marriage). There was no problem except for the backlog we are now experiencing.

We read the guides here, so we would know what was expected prior to his arrival. I filled out all the paperwork prior to the marriage, my husband made sure he had all the paperwork he had to provide, and there were just a few things that we added after the marriage (one was the certificate). Our biggest problem was the I-94 copy because they typed his name in the system differently that we did. We had to call to get it corrected then printed it out. Other than that, everything went smoothly. We received our EAD/AP combo card within the 90 days, and we eventually received the Potential Interview Waiver letter. So, with you having a month after the marriage, I'd say you have plenty of time!

[Amhara 460]

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.

I am wondering if we may face the same thing as the OP, but we may file very closely to the 90 days. So from what everyone is posting, we don't need to adjust status within the 90 days? That is awesome; good to know. However, why do you say there is no deadline to adjust when unlawful presence begins to accrue? When our fiance gets here, they are non-immigrant, then when we marry, they become eligible for immigrant status, right? Let me ask it this way: How long is 'acceptable' unlawful presence to avoid any negative repercussions in our migration journey? The new spouse can still attend school? Are they open for deportation?

[usmsbow 795]

I am wondering if we may face the same thing as the OP, but we may file very closely to the 90 days. So from what everyone is posting, we don't need to adjust status within the 90 days? That is awesome; good to know. However, why do you say there is no deadline to adjust when unlawful presence begins to accrue? When our fiance gets here, they are non-immigrant, then when we marry, they become eligible for immigrant status, right? Let me ask it this way: How long is 'acceptable' unlawful presence to avoid any negative repercussions in our migration journey? The new spouse can still attend school? Are they open for deportation?

1- Yes, they become eligible after you become legally married.

2- Depends. Indefinitely, but if you're somewhere in the Southwest and come across a checkpoint, you might have some problems.

3- I don't know anything about school

4- Yes, but very unlikely.

Previous threads on that topic:

http://www.visajourney.com/forums/topic/256475-aos-for-k1-visa-holder-after-90-days-from-entry/

http://www.visajourney.com/forums/topic/335570-urgent-advice-needed-filling-the-adjustment-of-status-after-90-days/

http://www.visajourney.com/forums/topic/501735-what-to-do-after-k1-us-entry90-days/

http://www.visajourney.com/forums/topic/491665-filing-aos-after-90-days/

[Amhara 460]

usmsbow = master researcher!

[usmsbow 795]

Ha, more like major procrastinator!

[Amhara 460]

Ha, more like major procrastinator!

You have an excuse: "Hey, I just got married!" Can't we use that as an excuse to put things off??

[KayDeeCee 4,891]

I am wondering if we may face the same thing as the OP, but we may file very closely to the 90 days. So from what everyone is posting, we don't need to adjust status within the 90 days? That is awesome; good to know. However, why do you say there is no deadline to adjust when unlawful presence begins to accrue? When our fiance gets here, they are non-immigrant, then when we marry, they become eligible for immigrant status, right? Let me ask it this way: How long is 'acceptable' unlawful presence to avoid any negative repercussions in our migration journey? The new spouse can still attend school? Are they open for deportation?

Getting married within 90 days of entry makes you eligible to file for AOS. 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.

The K-1 is a special case type of non-immigrant visa, since it actually has immigrant intent. However, it is still a non-immigrant visa and the same rules apply to it as entry with any other non-immigrant visa, except that a K-1 entrant cannot apply to extend the stay on their visa(http://travel.state....ation-date.html). The only difference is that with a K-1, you become eligible to file for AOS when you marry your USC petitioner within 90 days of entry. When your I-94 expires, you are out of status, which is the same as unlawful presence, and once you file for AOS you will be an adjustment applicant and are permitted to stay in the US while waiting for your AOS to be processed.

http://www.state.gov...ation/87120.pdf

9 FAM 40.92 N1 INTERPRETATION OF "UNLAWFUL PRESENCE"

(CT:VISA-1741; 10-13-2011)

a. INA 212(a)(9)(B)(ii) (8 U.S.C. 1182(a)(9)(B)(ii)) provides the following construction for the term "unlawful presence": “… the alien is present in the United States after the expiration of the period of stay authorized by the [secretary of Homeland Security] or is present in the United States without being admitted or paroled." Under this construction, an alien would generally be unlawfully present if he or she entered the United States without inspection, or stayed beyond the date specified on the Form I-94, Arrival and Departure Record, or was found by the Department of Homeland Security (DHS) or an immigration judge or the Board of Immigration Appeals (BIA) to have violated status. However, even aliens fitting into one of these categories may be deemed to be in a period of authorized stay in certain circumstances, as noted below.

b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include:

(1) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a) The expiration of the Form I-94 (or any extension); or

(b) A formal finding of a status violation made by DHS or an immigration judge or the BIA in the context of an application for an immigration benefit or in removal proceedings, whichever comes first.

...

(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);

What documentation the school would ask for is up to the individual school, but most likely many of them will want to see proof of legal status of some sort.

ICE can detain a K-1 entrant that has an expired I-94. It is a rare occurrence, but it has happened. If out of status, avoid checkpoints near the border, and public transportation. http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

[Tina and Johan 206]

That's plenty of time. our timeline: he arrived on a Friday night. We were married on the following Monday and also applied for his SSN. Our AOS paperwork was gathered and sent in on that next Friday. If you plan ahead, it can be done with a very fast turn-around. The only thing people may need more time for is the official copy of their marriage certificate. We specifically asked for an expedited copy at the courthouse where we were married. Good luck, and welcome to your fiance!

[tolitzpogi 37]

My wife and I got married 60 days after she arrived... we had to wait for the marriage certificate and that took more than a month, and we had to save up for the hefty filing fee... we mailed her AOS packet almost 120 days after she arrived... we didn't experience any problems, and she now has her AOS interview scheduled for next month and her EAD/AP was approved two days ago.

As long as you get married within 90 days you should be fine and can file for AOS whenever you are able to do so.

Edited May 14, 2015 by tolitzpogi