Can she stay after getting married

[Ptoth42 0]

So quick question, after my fiance gets here to the states and we get married. We obviously file for adjustment of status. Problem is, how long does that take because I'm in the army, so obviously being a single soldier I don't have a house so I'm using my parents address. I live in texas though and they live in Illinois. So I was going to take 30 days of leave to take care of everything but I heard the I-485 can take a while and the fiance visa is good for 90 days....once we are married can I get everything done within the 30 days I'm on leave and is she able to stay past the 90 days after getting married and submitting paperwork?

[milimelo 4,165]

You get BAH for dependents so rent a place in Texas where you’ll live with wife. AOS can take up to 18 months. 

[Ptoth42 0]

6 minutes ago, milimelo said:

You get BAH for dependents so rent a place in Texas where you’ll live with wife. AOS can take up to 18 months. 

I know that, I'm just making sure she can stay in the states after the 90 days 

[Roel 7,191]

40 minutes ago, Ptoth42 said:

I know that, I'm just making sure she can stay in the states after the 90 days 

As long as you get married within 90 days you're fine. Then it's best to file AOS during those 90 days also. Once you file, your wife won't be out of status. 

 

She HAS to stay once you file AOS. Not sure what you mean when you ask of she can stay... if she leaves US then her green card application will be cancelled. 

[Ptoth42 0]

I just dont know how this process works, that's all. I didn't know once you file the AOS she has to stay, I thought we had to wait for the green card. I understand now though.

[Lucky2Lucky 2,526]

She has to stay in the United States until she receives AP (if you file for it) or her AOS (green card) is approved. It sounds like you are living in military barracks? She will need a place to live once she’s here...

 

You should read through k1 guides on this site they are very informative and should help you understand the entirety of the k1 in general.

[Roel 7,191]

41 minutes ago, Ptoth42 said:

I just dont know how this process works, that's all.

Dude. Then research, research, research or if you don't feel like it - hire a lawyer.

 

Saying "don't know" is not an excuse when you have countless resources available online.

 

You need to know how K1 works. You need to know how EAD, AP and AOS works. You need to know how long it all takes, you need to know she can't travel or work for MONTHS after arrival. After 2 years of her having a green card, you need to know how ROC works. In fact, you will need to start gathering evidences for ROC during your marriage.

 

If you guys fail somewhere in the process, you can't expect USCIS to fix it because you claim ignorance.

It might sound harsh, but this is solid advice.

 

My husband is in the army also and it's not impossible to get a housing or a place of post in those circumstances. You NEED to talk to your command or legal on post.

Edited March 3, 2019 by Roel

[Ryan H 3,790]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.