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Maria&Derrick

What if we got married later than 90 days?

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Hi everyone.

The situation is that my visa expires Feb 17, we decided to wait until last two weeks to make sure it's working out and we have made the right decision.

But last week my fiance had some major problems, that were more important so we couldn't start the process.

Today we finally wanted to apply for marriage license, but they didn't accept the copy of my birth certificate and its translation (they said they need certified translation, and though it was made by translation agency in Ukraine, I didn't know I will need this document, so I only had translation on A4), I also don't have original of my birth certificate here with me so it may take couple days for my parents to send it to me.

 

So due to this circumstances, what if we won't be able to get married in time and do it couple days later?

Can anyone explain what circumstances would be?

 

I know its our fault and we shouldn't have waited until the last days, but we can't change the past now :(

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9 minutes ago, Maria&Derrick said:

Hi everyone.

The situation is that my visa expires Feb 17, we decided to wait until last two weeks to make sure it's working out and we have made the right decision.

But last week my fiance had some major problems, that were more important so we couldn't start the process.

Today we finally wanted to apply for marriage license, but they didn't accept the copy of my birth certificate and its translation (they said they need certified translation, and though it was made by translation agency in Ukraine, I didn't know I will need this document, so I only had translation on A4), I also don't have original of my birth certificate here with me so it may take couple days for my parents to send it to me.

 

So due to this circumstances, what if we won't be able to get married in time and do it couple days later?

Can anyone explain what circumstances would be?

 

I know its our fault and we shouldn't have waited until the last days, but we can't change the past now :(

I believe you might have to send along a i-130 petition just like anyone else that got married on another visa or on overstay (to USC)... the K1 won't be valid, or rather it's stipulations won't have been fulfilled

 

and I'm really sorry about your bad luck in this case...

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Your husband will have to send an i130 (and payment, supporting docs) along with your AOS and EAD/AP application. You can follow the guides for adjustment from other visas (not K1).


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Wait, just to clarify, are you really talking about your visa expiration or your i94 validity? The requirement is to get married within the first 90 days of entering on the K1, the visa expiration itself has nothing to do with it.


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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4 minutes ago, A'n'L said:

Wait, just to clarify, are you really talking about your visa expiration or your i94 validity? The requirement is to get married within the first 90 days of entering on the K1, the visa expiration itself has nothing to do with it.

Not sure what you mean. 

We have to get married before Feb 18. 

(Yes, I came on K-1)

I was just wondering what we should do if we did it couple days later. 

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4 minutes ago, aaron2020 said:

What date did you arrive in the US?

Nov 20.

Yeah, it doesn't expire Feb 17, it's just the last day I can stay here unless we get married. 

Hope you understood me, my English is still messed up, sorry ? 

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A lot of people don't realize that the visa itself expires upon entry. 

I'm sure he's talking about the I-94, as he's in the US at the moment.


With that said, if you do not marry within the 90 days given, you will have to add on the I-130, as you did not meet the criteria for the K-1 visa. IDEALLY, you're suppose to leave if not married within the 90 days, but most people that wait this long to marry usually don't marry.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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9 minutes ago, Maria&Derrick said:

Nov 20.

Yeah, it doesn't expire Feb 17, it's just the last day I can stay here unless we get married. 

Hope you understood me, my English is still messed up, sorry ? 

Here is the deal.

 

If you get marry after Feb. 17, then you will not meet the requirement of the K-1 to marry within 90 days.  You become a K-1 visa overstay.  Your husband will need to file all the AOS documents AND file and pay for the I-130.  That's the only difference between getting married within the 90 days and getting married after the 90 days; the additional requirement to file the I-130.  It's that easy.

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The main practical issue is that you will need to file the I-130 with your AOS.

 

That said, you will not be in the US legally between the start of your overstay and when you file for AOS. There is a (very slight) risk of getting detained and having removal proceedings opened during this period. The real risk is between the start of the overstay and when your get married - during that time, you have no legal claim to fight the removal and the situation becomes more complicated.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thats pretty simple, u just apply for an AOS. I guess its no different then someone waiting too long to file paperwork..and in ur place whether u marry now and file or file later ur going to overstay which is forgiven...it will just cost a bit more so i wouldnt stress. Do whatever is easier for u :)

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11 hours ago, caliliving said:

Thats pretty simple, u just apply for an AOS. I guess its no different then someone waiting too long to file paperwork..and in ur place whether u marry now and file or file later ur going to overstay which is forgiven...it will just cost a bit more so i wouldnt stress. Do whatever is easier for u :)

Except they'll have to file an I-130 as well, whereas someone who got married within the 90 days and then didn't file AOS for years wouldn't have to.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I don't know how it is in the Ukraine,  but you could ask your Mom or Dad to get a new birth certificate, have them translate, then notarize/certify it and overnight it to you (i.e. DHL). It may cost you a couple hundred dollars and a couple of days to get it and "save the day", but it may be your best bet!

Edited by Zoubir2000

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It all ended well eventually, didn't need the original of birth certificate, but my parents made certified translation in agency and sent me scan of it with all the seals and stuff.

Got married today :)

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