Getting married in 90 days K-1 Visa.

[American1955 1]

My fiance's K-1  Visa was approved and we got married in Tucson Arizona  5 weeks after she entered the U.S. on her K-1 Visa. My question is this:  Do we have to notify Immigration or the US Embassy of our marriage? and if not then how does Immigration know if we actually was married within the 90 day rule? Especially if we are not able financially to begin our AOS procedure at this time. Any info is appreciated.

[Crazy Cat 39,254]

No notification is needed........you will have your marriage certificate which will be submitted for AOS.

[Ben&Zian 4,397]

No one get's notified. File AOS as required and supply the marriage certificate there in the packet.

[EM_Vandaveer 2,369]

What are your plans if not filing for AOS? You realize that she'll be unlawfully present & subject to deportation once her 90 days are up? Unable to work or to obtain a DL?

[Ben&Zian 4,397]

Exactly. Once her I-94 expires she will be unlawfully present. Married to you or not she is subject to removal from the US.

 

While the time for it has come and gone, this is why it's critical to plan ahead. I made sure I had all the money set aside for everything before even submitting the I-129f petition originally to ensure it could all be taken care of as needed.

 

You need to figure it out and get it done because it is still a long process ahead of you both to get her EAD/AP and eventual green card.

[Crazy Cat 39,254]

2 minutes ago, EM_Vandaveer said:

What are your plans if not filing for AOS? You realize that she'll be unlawfully present & subject to deportation once her 90 days are up? Unable to work or to obtain a DL?

As I have said....immigration requires a great deal of knowledge, PLANNING, time, patience, and MONEY.........

[American1955 1]

2 minutes ago, EM_Vandaveer said:

What are your plans if not filing for AOS? You realize that she'll be unlawfully present & subject to deportation once her 90 days are up? Unable to work or to obtain a DL?

I was under the impression that AOS could be filed later, like in a couple of months from now. Finances are not as good now to pay the fees involved.

[geowrian 22,335]

22 minutes ago, American1955 said:

Do we have to notify Immigration or the US Embassy of our marriage?

No.

Quote

and if not then how does Immigration know if we actually was married within the 90 day rule?

They know when you entered the country. They require the marriage certificate when filing for AOS. The marriage certificate has a date.

 

Quote

Especially if we are not able financially to begin our AOS procedure at this time. Any info is appreciated.

Why not...? You are unlawfully present after 90 days until you file for AOS. AOS plans and such should have been figured out long before entering on the K-1 visa. It's digging a hole that does not end well many times when they delay (marriage issues + financial issues = trouble, and one tends to lead to the other). It's not a bar for AOS....but it's not good for anybody.

Edited January 22, 2019 by geowrian

[Ben&Zian 4,397]

1 minute ago, American1955 said:

I was under the impression that AOS could be filed later, like in a couple of months from now. Finances are not as good now to pay the fees involved.

 

You can as long as you, as mentioned, married within the 90 days. Key thing is she will be unlawfully present once the 90 days passes and her I-94 expires. Married or not, doesn't matter, it's the law.

 

So while you can file months from now technically with no issue, she is at risk and unable to do anything really.

[American1955 1]

7 minutes ago, Ben&Zian said:

 

You can as long as you, as mentioned, married within the 90 days. Key thing is she will be unlawfully present once the 90 days passes and her I-94 expires. Married or not, doesn't matter, it's the law.

 

So while you can file months from now technically with no issue, she is at risk and unable to do anything really.

Thanks for the info from everyone. Will try to "adjust the budget" to get this done ASAP!

[Crazy Cat 39,254]

2 minutes ago, American1955 said:

Thanks for the info from everyone. Will try to "adjust the budget" to get this done ASAP!

Good idea....the sooner she files, the faster she can get her EAD, AP, and Green card....good luck.

[geowrian 22,335]

* Moved from General Immigration Discussion to AOS from K-1 forum *

Edited January 22, 2019 by geowrian

[Georgia16 2,858]

23 hours ago, American1955 said:

Thanks for the info from everyone. Will try to "adjust the budget" to get this done ASAP!

Don't know if you are aware but the EAD (work permission) and AP (travel permission/can enter back in while AOS is pending)

those fees are waived when filed with the AOS.

[dnyal 31]

23 hours ago, American1955 said:

I was under the impression that AOS could be filed later, like in a couple of months from now. Finances are not as good now to pay the fees involved.

You are right, you can file for AOS later, even after the 90-day period has passed. As long as the marriage occurred within the 90-day period after entry (that is, before the date of expiry on her I-94, which you can pull up online at the CBP's website), a visa will always be available to her. You don't need to report the marriage to anyone. When you submit your AOS package, they will notice that the date on the marriage certificate (or certified copy of the marriage license) falls within the 90-day period her K visa gave you. The thing is, after the 90-day period is over, she would be an undocumented immigrant if you don't file for AOS. And if she gets into trouble, she might be deported. No, she won't be deported automatically after the 90-day period; just if she gets arrested or something. You should file for AOS as soon as you can; obviously, the sooner, the better. If you do have some financial hardship, she should just lay low and avoid interacting with the government until you can afford AOS. I attached an screenshot of the instructions for AOS where it clearly states a green card will always be available for her.

 

 

 

I hope you had gotten her SSN so you can file taxes as married (which can be advantageous if she didn't have an income or had a very low income last year). The fact someone is undocumented or an irregular immigrant does not mean they can't file taxes; on the contrary, even immigration courts (in the case of undocumented immigrants who have been apprehended) look at tax payments favorably when making decisions about removals. You could take advantage of the greater standard deduction for married couples filing jointly (assuming you married before December 31st, 2018). If she doesn't have a SSN, you can even file for a ITIN along with your tax return. That might give you a good tax refund, maybe even enough to help you guys with your paying the AOS. This would only be great if she had a very low or no income in her home country, since you would have to make the choice of electing to treat her as a US person (US resident) for tax purposes; that election means she would have to disclose her worldwide income in the tax return (that is her income in her home country for 2018 before coming to the US and any income she earned after arrival to the US). If you chose to treat her as a US resident for tax purposes, such tax return can only be filed via mail because you both would need to sign a letter expressing the choice. It's all on the IRS website.

Edited January 23, 2019 by dnyal

[aaron2020 11,651]

Beg and borrow the money for AOS.  The quicker you file, the quicker she can get the EAD and legally work.  The quicker she can contribute, the better for her mentally and financially.