What Happens if Marriage Certificate to Initiate Green Card Application Process Is Not Received Before K1 Visa Expires?

[netminder30 1]

My fiancée will be arriving in the U.S. on a K1 visa in late May. As I understand it, we must marry within 90 days of her entry into the country. In order for her to remain in the country beyond the 90 days, we must file a green card application before the K1 visa expires.

Our plan is to marry almost immediately after she arrives in the U.S. and then apply for the green card once we have a marriage certificate, which is required for the application. Can anyone tell me what happens if we don’t receive a marriage certificate quickly enough to apply for the green card within the 90 days? Must my fiancée leave the country? If so, is there something that can be done to allow her to stay? If not, can she return when the green card application is eventually filed?

Thanks for your help.

[aleful 1,905]

hi

there is no obligation to file the adjustment of status before the 90 days, just to get married within the 90 days

nothing will happen if the i94 expires, it is always better to send it soon, but you must do it thoroughly, so if you need to wait, you can wait

[MASH 172]

As long as you got married in the 90 days you will be fine and you can file AOS when you get all ur paperwork in order

[Pitaya 2,576]

My fiancée will be arriving in the U.S. on a K1 visa in late May. As I understand it, we must marry within 90 days of her entry into the country. In order for her to remain in the country beyond the 90 days, we must file a green card application before the K1 visa expires. FYI: The K1 visa is a one-way, one-time visa that is invalidated the moment the alien fiance(e) is processed at their US Port of Entry (POE). The alien fiance(e)'s immigration status is then dependent on their I-94.

Our plan is to marry almost immediately after she arrives in the U.S. and then apply for the green card once we have a marriage certificate, which is required for the application. Can anyone tell me what happens if we don’t receive a marriage certificate quickly enough to apply for the green card within the 90 days? Must my fiancée leave the country? If so, is there something that can be done to allow her to stay? If not, can she return when the green card application is eventually filed?

Thanks for your help.

Good luck on your immigration journey.

[KayDeeCee 4,892]

Do not leave the US before filing for AOS. That will make you ineligible to file if you do that, and you would then need to start over and get a spousal visa to re-enter the US to live again.

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.

[netminder30 1]

Thanks for your responses, everyone. You exactly answered my question. I greatly appreciate your help.