ESTA Entry with K1 Visa Marry after 90 days

[Cryssiekins 976]

11 minutes ago, C90 said:

I didn't see any stories, but basically the only rule is marry within 90 days. I would not be surprised if they deny your AOS if you marry after the 90 days, simply cause you're not eligible anymore since you didn't do the only thing you had to do lol. But I could be wrong, didn't do research on this.

Well, yeah, I mean, when the only condition is marry within 90 days, there isn’t a good enough reason why you didn’t.

 

I’ve read a few stories where someone married after, and there are still avenues to

adjust status from (maybe filing the i130 as well? I’m really not sure bc I followed the rules). 

 

I think the most worrisome thing is being out of status with no protection.  At least when you’ve married within 90 days, you have authorized stay pending the AoS.  If you didn’t marry in 90, every day after you become deportable, and it does take time from wedding to filing of AoS.

[C90 376]

2 minutes ago, Cryssiekins said:

Well, yeah, I mean, when the only condition is marry within 90 days, there isn’t a good enough reason why you didn’t.

 

I’ve read a few stories where someone married after, and there are still avenues to

adjust status from (maybe filing the i130 as well? I’m really not sure bc I followed the rules). 

 

I think the most worrisome thing is being out of status with no protection.  At least when you’ve married within 90 days, you have authorized stay pending the AoS.  If you didn’t marry in 90, every day after you become deportable, and it does take time from wedding to filing of AoS.

Hmm, I would be interested to read those stories! Not because I need them (just like you I followed the rules lol) but extra knowledge is always welcome!

 

Officially you would be out of status even if you're married but didn't file AOS. The difference is that you are deportable BUT it never really happens. Usually worst that can happen is that an immigration judge would force you to file AOS, where if you married outside the 90 days its prob the end of your K1 journey if they find out. And they will since they'll see it on your MC.

[geowrian 22,335]

2 hours ago, Jorgedig said:

This thread has made me curious:  what if someone marries after the 90 days from POE and then attempts to adjust status?  Anyone heard of this happening?

Absolutely.

You would AOS just like anybody else married to a USC spouse - I-130 + I-485 packets (you no longer can AOS based on K-1 status or the I-129F).

[SalishSea 16,770]

1 hour ago, geowrian said:

Absolutely.

You would AOS just like anybody else married to a USC spouse - I-130 + I-485 packets (you no longer can AOS based on K-1 status or the I-129F).

Would you have to leave the US for that?

[geowrian 22,335]

1 minute ago, Jorgedig said:

Would you have to leave the US for that?

Nope.

The exception is if you tried to AOS via another petitioner (the same-original-petitioner rule still applies since you entered with a K status).

[Roel 7,191]

8 hours ago, Annika&Branden said:

Hi! I wondered what is the best and cheapest way to solve the following problem:

 

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

Thanks so much!

Annika

Reschedule the wedding. 

They wont admit you on ESTA when you has K1 Visa. 

 

..people often complicate things that are not complicated at all. 

[Dashinka 23,238]

13 hours ago, Cryssiekins said:

Also, when you enter on a K1, you cannot

leave until you have AP or a greencard.

Anyone can leave.  Getting back in is the issue.

[Dashinka 23,238]

11 hours ago, Unlockable said:

None of what you mentioned in your plan will work. Reason being is from what previous posters have already said. The K1 visa is a one time use visa. Once it is in your passport, the first time you enter the US it will be considered used. So you won't be entering on your ESTA, you will be entering on the K1 visa.

 

Just so you know, the visa is adhered to one of the front pages of your passport. It is not a stand alone document.

 

All that aside, I don't see how this is a complicated situation. The K1 visa has a validation of 6 months. Just enter the US at a later date that is within the 90 days. If you have already bought the tickets, then pay the fee to have the tickets changed to a later date.

 

Did you have your interview and was approved yet?

This is a great answer!  Back when my now wife got her K1 approved and in her hands, we sat down and discussed the best timing for her to use it in the six month window.  With her obligations prior to leaving and our desire to plan a relatively small family wedding, it was nice to have that time, and once we set the date of the wedding and the date of her arrival, we started looking at airline tickets.  So many people get the visa and rush right to the US, or make wedding plans before the visa (or other travel documents) is in hand.

 

Like you, my opinion is that the cheapest option for the OP is to re-book their travel for a time closer to their planned ceremony.  They can keep their original travel, marry informally early, or try to do their AOS after marrying seven days late, but in the end you have to weigh the peace of mind vs, the potential headaches.

 

To the OP, good luck!

[fip & jim 452]

A brief reminder - marriage licence requirements vary state by state. You need to factor in the residency requirements to your plans (how long you must be living in the county before you can apply for a licence). There can also be a waiting period after applying before the licence can be issued and used, then a limited period where it is valid to be used. The time period for the original marriage certificate to be ready after the marriage can vary from county to county. The officiant is responsible for filing the marriage license within 10 days after the wedding, after which the county clerk will send out the finalized marriage certificate. All of this needs to be factored in to the 90 day window after arriving in the States so that you can file for AOS in time. 

[Cryssiekins 976]

1 hour ago, Bill & Katya said:

Anyone can leave.  Getting back in is the issue.

That’s fair and incredibly literal.  I was just using the assumption that if you came on a K1 to marry your fiancée, you probably want to, you know, be around for a while, which you can’t, if you leave before AP/GC.    Therefore, for me, I couldn’t leave before I have travel auth bc of the issues with return. 

[Dashinka 23,238]

21 minutes ago, Cryssiekins said:

That’s fair and incredibly literal.  I was just using the assumption that if you came on a K1 to marry your fiancée, you probably want to, you know, be around for a while, which you can’t, if you leave before AP/GC.    Therefore, for me, I couldn’t leave before I have travel auth bc of the issues with return. 

I know what you mean, but when read the other way it sounds like the US keeps people from leaving.  Maybe it is better to say one would not want to leave while awaiting travel documents.  I know in our case when between the wedding and GC my wife's family was pressuring her to come visit and she said she had to wait.  Her and I are glad she did.

 

 

[Cryssiekins 976]

9 minutes ago, Bill & Katya said:

I know what you mean, but when read the other way it sounds like the US keeps people from leaving.  Maybe it is better to say one would not want to leave while awaiting travel documents.  I know in our case when between the wedding and GC my wife's family was pressuring her to come visit and she said she had to wait.  Her and I are glad she did.

 

 

Absolutely!!  For correctness, it’s true that anyone is able to leave, but coming back is the issue (unless of course there is authorization in place).  

 

I guess, I just don’t consider it a possibility bc for me, I knew leaving before authorization is a big issue.  My family and friends are so close (Canada), so didn’t understand why I couldn’t just meet them on the Canadian side of Niagara Falls.  I said I’d go to the bridge and wave, but yeah, after all the time and money and leg work of the K1, no way was I risking anything.   I was even nervous the first time I used AP.  

[Crazy Cat 39,218]

The OP asked for the cheapest way to solve the issue.  I think an earlier-than planned  inexpensive courthouse wedding would be less expensive than paying flight change penalties........just my opinion....😁

[Tara & Rohit 224]

15 hours ago, Annika&Branden said:

Hi! I wondered what is the best and cheapest way to solve the following problem:

 

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

Thanks so much!

Annika

You may be able to call the airline and see if you can adjust the flight. There's a difference between an adjustment and a refund of flight. I would try calling them first and see if you can select a later date. Worth a shot, right!

[mushroomspore 3,043]

9 hours ago, Jorgedig said:

Would you have to leave the US for that?

No, adjustment is only available if you're already inside the US and out-of-status people adjust successfully all the time. If they leave the US, they'd have to pursue consular processing. Being out-of-status for one day after entering with a K1 is a totally different story than say, being out-of-status for 10 years after entering on a tourist visa. Still, in both cases, if the alien is married to a US citizen, then the overstay is forgiven anyways. In the second case, it's actually better that they remain in the US so as not to incur a ban.