Jump to content
alyssap95

Fiance Visa: Must be married in 90 days or adjustment of status in 90 days?

15 posts in this topic

Recommended Posts

Hello,

 

My fiancé is on a fiancé visa in the US and we are planning to get married ASAP but I was wondering if we get married within the 90 days but then the adjustment of status papers are not received until after the 90 day period is over, will this be an issue? Or as long as we get married within the 90 days are we safe?

 

Thank you,

 

Alyssa

Share this post


Link to post
Share on other sites

Married within 90 days. AoS after you get marriage certificate. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

90 days from the time of entry into the US to get married.  After you get the marriage certificate you can file the AOS, AP EAD etc.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

Share this post


Link to post
Share on other sites

you want to get married and AOS filed within the 90 days, so your fiance is not out of status.  


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Share this post


Link to post
Share on other sites

From: https://www.hooyou.com/k-1/k-1-restrictions.html   Zhang & Associates, immigration attorneys

 

For the K-1 Visa Holder:

  • The K-1 visa holder has six months after the date the K-1 visa is issued to enter the United States.
  • The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
  • If for some reason, relationship with the U.S. citizen petitioner does not work out, the K-1 visa holder will not be allowed to adjust their status to a permanent resident status or change to any other non-immigrant status.
  • Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application.
  • If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.
Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites

You must marry within 90 days to qualify for AOS based on K-1 status. You can file for AOS at any point afterwards while remaining in the US.

After the 90 days of legal status expires, if you haven't filed for AOS yet then you would be out of status (like any visa overstayer). Once you file for AOS you would obtain authorized stay.

 

Just a note that if you file for AOS after 90 days then your ESTA privileges are forever gone. It's likely not an issue as you intend to gain permanent residence, but just be aware of that in case you ever terminate LPR status (or leave the US w/o AP and before getting a green card).


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

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

 

 

Share this post


Link to post
Share on other sites

Geowrain's answer is the best one.  

 

You don't HAVE to file AOS within 90 days, just understand the consequences of not doing so. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

~~Moved to AOS Family K1/K3, from K1 P&P - The OP's fiance is now in the US and trying to figure out the AOS part.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
1 hour ago, alyssap95 said:

Hello,

 

My fiancé is on a fiancé visa in the US and we are planning to get married ASAP but I was wondering if we get married within the 90 days but then the adjustment of status papers are not received until after the 90 day period is over, will this be an issue? Or as long as we get married within the 90 days are we safe?

 

Thank you,

 

Alyssa

Yes indeed you are. The actual GreenCard with interview could take over a year. You can carry the I-787 NOA1 with you as proof of filing.

Don't forget to apply for a Work Permit as well as Advance Parole if you need to travel outside the US. The Work permit card (Combo WP/AP) will also serve as your ID for travel, Driver License Application, Bank, SS number etc

Share this post


Link to post
Share on other sites
4 hours ago, Alabamak1 said:

you want to get married and AOS filed within the 90 days, so your fiance is not out of status.  

It's ok for the fiance to be out of status a short time because there will not be any repercussions for them being out of status. Yes, they COULD be deported but in reality it will not happen at all. 

 

OP, get married within the 90 day window and file for AOS anytime after you get married when you have the marriage certificate in hand. 

Share this post


Link to post
Share on other sites
7 hours ago, alyssap95 said:

Hello,

 

My fiancé is on a fiancé visa in the US and we are planning to get married ASAP but I was wondering if we get married within the 90 days but then the adjustment of status papers are not received until after the 90 day period is over, will this be an issue? Or as long as we get married within the 90 days are we safe?

 

Thank you,

 

Alyssa

Hey! I got into the US with my K1 visa on June and married on July. My papers didn't leave until August! With that said, as long as you get married under the 90 days, it's ok if you file after the 90 days. Prepare everything, get married and then worry about filing! Just think that the faster it gets there, the faster the process will start! 😅


K1 Visa Process

Nov. 2016 - Applied for K1 Visa
Nov. 2016 - NOA1 

April 2017 - NOA2 (6 months!)

April 2017 - Arrived to NVC

April 2017 - Got the # from NVC

May 2017 - Case left NVC

May 2017 - Arrived to Embassy

May 2017 - Got Package 3 

May 2017- Got Package 4

May 2017 - Interview [APPROVED!]

June 2017 - Visa arrived home

June 2017 - Made it to the US. Finally with my future hubby!!

July 2017 - Married!

AOS Process

August 2017 - Started AOS

August 2017 - NOA1

Sept. 2017 - Biometrics

19th Dec. 2018 - Interview date  [16 months]

Dec. 2018 - GC processing

29th Dec. 2018 - GC arrived home! [10 days!]
Remove Conditions - Soon...


 

Share this post


Link to post
Share on other sites
6 hours ago, missileman said:

From: https://www.hooyou.com/k-1/k-1-restrictions.html   Zhang & Associates, immigration attorneys

 

For the K-1 Visa Holder:

  • The K-1 visa holder has six months after the date the K-1 visa is issued to enter the United States.
  • The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
  • If for some reason, relationship with the U.S. citizen petitioner does not work out, the K-1 visa holder will not be allowed to adjust their status to a permanent resident status or change to any other non-immigrant status.
  • Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application.
  • If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.

Arthur Morgan, is that you? 😁


K1 Visa Process

Nov. 2016 - Applied for K1 Visa
Nov. 2016 - NOA1 

April 2017 - NOA2 (6 months!)

April 2017 - Arrived to NVC

April 2017 - Got the # from NVC

May 2017 - Case left NVC

May 2017 - Arrived to Embassy

May 2017 - Got Package 3 

May 2017- Got Package 4

May 2017 - Interview [APPROVED!]

June 2017 - Visa arrived home

June 2017 - Made it to the US. Finally with my future hubby!!

July 2017 - Married!

AOS Process

August 2017 - Started AOS

August 2017 - NOA1

Sept. 2017 - Biometrics

19th Dec. 2018 - Interview date  [16 months]

Dec. 2018 - GC processing

29th Dec. 2018 - GC arrived home! [10 days!]
Remove Conditions - Soon...


 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×