Got married after 90 days with K1 Visa

[curly 0]

I just want to know if their is someone here have a case like mine. My husband and I got married after 90 days like a month late for some reason. We just gave ourselves a little more time to adjust specially myself(wife) since It was totally different here than where I came from. After we got married we applied I-485, I-130, 131 & 765. I got my EAD after 3months since we applied and so far no RFE. But now I'm pretty nervous cause we have an interview very soon and for sure they'll going to ask why we got married late. You think there is a reason they'll gonna deny our application?Any advice please?? 

[geowrian 22,336]

They won't deny AOS because you married after 90 days. They will still just look at the paperwork and marriage evidence and decide upon that. They likely won't ask why you married late. If they do, just tell them the reason. Others have done this fine.

 

Marrying after the 90 days adds more paperwork, stress, costs more, and means you are out of status and accruing unlawful presence (AOS still grants authorized stay, though).

[A'n'L 735]

They may ask, and you can tell them why. As long as you now live in a bona-fide marital union (and have evidence thereof), you won't be denied.

[inloveVEN 46]

ok you dont have to worry because after your K1 expiration,  you started a Cr1 visa process concurrently. For sure they will ask you why you didnt get marry in the time frame required. if you both live together and are in love, for sure you only need to answer the true. is important that you as a couple talk about this answer in a way to avoid any inconsistency.

 

[curly 0]

Thank you so much! You guys enlightened me . I think we have enough proof as we have joint account & I have Uniformed ID👍. Thanks again to all!

[LizJ 2]

Hi, as far as I know if your enter the US with k1 visa you must marry your petitioner within 90 days of your admission to the US. Check this site https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

[geowrian 22,336]

2 minutes ago, LizJ said:

Hi, as far as I know if your enter the US with k1 visa you must marry your petitioner within 90 days of your admission to the US. Check this site https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Correct. Failure to marry within 90 days invalidates the ability to AOS on a K-1 basis and puts you out of status. However, you can still AOS afterward as the spouse of a USC within the US...hence the need for the I-130 in the OP's case (normal K-1 holders don't need to do that). The spouse must be the same on that petitioned them for the K-1.

[Stevephoto 224]

On 5/6/2017 at 8:44 PM, curly said:

I just want to know if their is someone here have a case like mine. My husband and I got married after 90 days like a month late for some reason. We just gave ourselves a little more time to adjust specially myself(wife) since It was totally different here than where I came from. After we got married we applied I-485, I-130, 131 & 765. I got my EAD after 3months since we applied and so far no RFE. But now I'm pretty nervous cause we have an interview very soon and for sure they'll going to ask why we got married late. You think there is a reason they'll gonna deny our application?Any advice please?? 

 

On 5/7/2017 at 1:57 AM, inloveVEN said:

ok you dont have to worry because after your K1 expiration,  you started a Cr1 visa process concurrently. For sure they will ask you why you didnt get marry in the time frame required. if you both live together and are in love, for sure you only need to answer the true. is important that you as a couple talk about this answer in a way to avoid any inconsistency.

 

Yes, from what I understand, you "corrected" the problem by filing the I-130 (CR-1). My understanding of this is cloudy, but I THINK that technically you are no longer a K-1 applicant, but a CR-1 spousal visa adjustment. Does this make sense, inloveVEN?

[A'n'L 735]

 

2 minutes ago, Stevephoto said:

 

Yes, from what I understand, you "corrected" the problem by filing the I-130 (CR-1). My understanding of this is cloudy, but I THINK that technically you are no longer a K-1 applicant, but a CR-1 spousal visa adjustment. Does this make sense, inloveVEN?

 

On 7.5.2017 at 1:57 PM, inloveVEN said:

ok you dont have to worry because after your K1 expiration,  you started a Cr1 visa process concurrently. For sure they will ask you why you didnt get marry in the time frame required. if you both live together and are in love, for sure you only need to answer the true. is important that you as a couple talk about this answer in a way to avoid any inconsistency.

 

You guys are confusing this a little bit. The OP is already in the US, thus not filing for a visa. The i130 petition for alien relative can be filed for an individual inside the US (together with AOS) or outside the US (with aim of obtaining an immigrant visa).

[Stevephoto 224]

2 minutes ago, A'n'L said:

 

 

You guys are confusing this a little bit. The OP is already in the US, thus not filing for a visa. The i130 petition for alien relative can be filed for an individual inside the US (together with AOS) or outside the US (with aim of obtaining an immigrant visa).

Right! Thanks! CR-1 visa did not sound right when I typed it. Thanks for clarifying that I130 with AOS could  be done inside of the US. Still leaning 5 years later!

[inloveVEN 46]

18 minutes ago, A'n'L said:

 

 

You guys are confusing this a little bit. The OP is already in the US, thus not filing for a visa. The i130 petition for alien relative can be filed for an individual inside the US (together with AOS) or outside the US (with aim of obtaining an immigrant visa).

They got marry after 90 days, so they let the K1 visa expire. They are fine, they started a new ordinary Cr1 process. But there are a lot of probabilities that the question about the K1 expiration will appear. So they have to be prepared to answer this question in a satisfactory way and in like many other questions their approval will be based on their answers to all the questions . So why are you confused?

Edited May 9, 2017 by inloveVEN

[A'n'L 735]

3 minutes ago, inloveVEN said:

They got marry after 90 days, so they let the K1 visa expire. They are fine, they started a new ordinary Cr1 process. But there are a lot of probabilities that the question about the K1 expiration will appear. So they have to be prepared to answer this question in a satisfactory way and in like many other questions their approval will be based on their answers to all the questions . So why are you confused? i thing the 

They did not start a cr1 visa process, but a "regular" adjustment of status based on marriage to a USC. Perfectly fine because the immigrant entered legally/with inspection. They may be asked about why the marriage took place after 90 days - but it should not be a problem as they are now an a different, but still legitimate path.

 

Also, the K1 visa expires immediately upon entry as it is a one-time entry visa. The requirement to file AOS based on a i129f petition/K1 visa is to be married within 90 days of entry(i94 expiration).

Edited May 9, 2017 by A'n'L

[geowrian 22,336]

1 minute ago, inloveVEN said:

They got marry after 90 days, so they let the K1 visa expire. They are fine, they started a new ordinary Cr1 process. But there are a lot of probabilities that the question about the K1 expiration will appear. So they have to be prepared to answer this question in a satisfactory way and in like many other questions their approval will be based on their answers to all the questions . So why are you confused? i thing the 

I think the issue is that there is no CR-1 process here. It's just using the I-130 to recognize the spouse as an IR of a USC, then filing for AOS on that basis (with the actual forms filed concurrently). CR-1 is a visa process, and there is no visa involved.

[inloveVEN 46]

1 minute ago, A'n'L said:

They did not start a cr1 visa process, but a "regular" adjustment of status based on marriage to a USC. Perfectly fine because the immigrant entered legally/with inspection. They may be asked about why the marriage took place after 90 days - but it should not be a problem as they are now an a different, but still legitimate path.

This was a cr1 process ( see i-130 form) , with petition with concurrent AOS. But the important thing is that your answer to the question you gave is the same answer that i said. Nothing to be worried but keep in mind and answer.

[p-ana 933]

6 hours ago, inloveVEN said:

This was a cr1 process ( see i-130 form) , with petition with concurrent AOS. But the important thing is that your answer to the question you gave is the same answer that i said. Nothing to be worried but keep in mind and answer.

As already said, it couldn't have been a cr1 process since the person going through immigration is inside the US thus not needing a visa (cr1)