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Nohema

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

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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.

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Filed: Lift. Cond. (apr) Country: China
Timeline

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:

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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
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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 🎉 

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Filed: Citizen (apr) Country: Canada
Timeline

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

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Met Playing Everquest in 2005
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Filed 05-09-07
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Visa received 04-21-08
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Citizenship for older 2 boys

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Biometrics 04/15/14

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Filed: Citizen (pnd) Country: Indonesia
Timeline

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
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Filed: AOS (apr) Country: Netherlands
Timeline
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.

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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: 2019-02-14 

EAD NOA1: 2019-02-14

AP NOA1: 2019-02-14

BIOMETRICS: 2019-03-04

AOS Interview: 2020-02-06

AOS approved: 2020-02-06

Green Card in Hand: 2020-02-20

ROC packet sent: 2021-12-08

ROC Biometrics: 2022-01-29

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