Jump to content
Nohema

Can I get married 2 days before my k-1 visa expires

7 posts in this topic

Recommended Posts

Hi 

I arrive to the US on the 28th of February and we plan on getting married and having ceremony and reception on the 25th of May which is only 2 days before my visa expires.. I wanted to know if I needed to have my marriage certificate before the 90 days are up or if I just need to be married before the 90 days? Thanks in advance for the help.

Share this post


Link to post
Share on other sites

Once you use the visa to enter, the expiration date that is printed on it is no longer relevant (as long as the visa was used prior to that date).  The 90 day clock starts ticking the moment you go through the POE.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
46 minutes ago, Nohema said:

Hi 

I arrive to the US on the 28th of February and we plan on getting married and having ceremony and reception on the 25th of May which is only 2 days before my visa expires.. I wanted to know if I needed to have my marriage certificate before the 90 days are up or if I just need to be married before the 90 days? Thanks in advance for the help.

Marry at city hall immediately. Have the ceremony later. If it’s possible to send the aos immediately too with that certificate then you’re winning cause it’s a long and tedious process. Good luck 👍🏽🍀 and congratulations 🎉 

Share this post


Link to post
Share on other sites

~~Moved to AOS Family, from K1 P&P - The OP is asking about when to get married for the AOS process.~~


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

If arriving in the US on 2/28 and your marriage certificate has a date of May 29, 2019 or earlier, you have fulfilled you k-1 requirement of marrying within 90 days. 

Edited by ch3john

Share this post


Link to post
Share on other sites
17 hours ago, Nohema said:

Hi 

I arrive to the US on the 28th of February and we plan on getting married and having ceremony and reception on the 25th of May which is only 2 days before my visa expires.. I wanted to know if I needed to have my marriage certificate before the 90 days are up or if I just need to be married before the 90 days? Thanks in advance for the help.

As long as you get married within 90 days of entering the States on your K1 visa you're fine. The marriage certificate will show the date you got married, that's what's important.

 

That said, keep in mind that

1) you can't apply for AOS before you get married so you can't work for around 7-9 months (EAD/AP takes 4-6 months after filing) unless Florida is very quick with GC interviews and

2) if anything happens that keeps you from having your marriage that day, you only have 4 days left to get married before your 90 days are up.

 

Maybe consider getting married on paper earlier so you can AOS and have the wedding on the date as planned. But in the end that's up to you guys.

Share this post


Link to post
Share on other sites
17 hours ago, C90 said:

Maybe consider getting married on paper earlier so you can AOS and have the wedding on the date as planned. But in the end that's up to you guys.

I would totally agree with this - I'd go get married "on paper" as soon as possible and then have the ceremony later.  The wait for EAD is annoying! If you wait the 90 days and then apply for your EAD you're looking at at least 8 months before you can work..... AND it'll put you 3 months behind on AOS application and won't get AP so won't be able to leave the US

Edited by adamj7

K1 NOA1: 2018-01-26

K1 NOA2: 2018-08-06

NVC received: 2018-09-04

K1 Interview: 2018-11-14

K1 Visa in hand: 2018-11-22

POE: 2018-12-13

SSN application: 2019-01-08

Marriage: 2019-01-18 (the best bit!)

SSN in hand: 2019-01-28

AOS application: 2019-01-31

EAD application: 2019-01-31

AP application: 2019-01-31

AOS NOA1: 2019-02-18 (email) 2019-02-23 (physical)

EAD NOA1: 2019-02-18 (email) 2019-02-23 (physical)

AP NOA1: 2019-02-18 (email) 2019-02-23 (physical)

BIOMETRICS: 2019-03-04

AOS CASE READY TO BE SCHEDULED FOR AN INTERVIEW: 2019-03-14 ........... and now we wait..........

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.
×