ESTA Entry with K1 Visa Marry after 90 days

[Mollie09 1,543]

12 hours ago, C90 said:

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.

There are tons of these stories, it's not hard at all. Just expensive, because it requires filing the I-130 on top of the I-485.

[Dashinka 23,202]

54 minutes ago, missileman said:

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....😁

Yep, probably the cheapest.

[Jenny17655 283]

14 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?

My guess is they would be out of status and have to file an I130 petition for a relative

[Daniela M_______ 409]

58 minutes ago, Jenny17655 said:

My guess is they would be out of status and have to file an I130 petition for a relative

If someone let the 90 days mark pass by, they can't adjust status. The person would have to leave the country and come back again doing a spousal visa process.

[Boiler 43,396]

1 minute ago, Daniela M_______ said:

If someone let the 90 days mark pass by, they can't adjust status. The person would have to leave the country and come back again doing a spousal visa process.

Absolutely not the case.

[Crazy Cat 39,187]

2 minutes ago, Daniela M_______ said:

If someone let the 90 days mark pass by, they can't adjust status. The person would have to leave the country and come back again doing a spousal visa process.

They can adjust, but an I-130 must be filed.....and they can expect USCIS questions as to why ......

[Cryssiekins 976]

2 minutes ago, Daniela M_______ said:

If someone let the 90 days mark pass by, they can't adjust status. The person would have to leave the country and come back again doing a spousal visa process.

They do NOT have to leave the country in order for a spousal adjustment.  It’s an extra form in addition to the K1 AoS forms. 

[Daniela M_______ 409]

Just now, Boiler said:

Absolutely not the case.

Yes I was coming to correct the information as I just found out the right answer. I apologize.

[Daniela M_______ 409]

1 minute ago, missileman said:

They can adjust, but an I-130 must be filed.....and they can expect USCIS questions as to why ......

 

Just now, Cryssiekins said:

They do NOT have to leave the country in order for a spousal adjustment.  It’s an extra form in addition to the K1 AoS forms. 

It's clear for me now. I already got the right information but I can't delete the post. 

[junkmart 320]

5 hours ago, fip & jim said:

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).

Hi. None of the 50 states have residency requirements for marriage license. Some require that non-residents apply for marriage license in the county where they plan to marry, but not all. A non-citizen may apply for a marriage license in any state with a valid government ID, like their passport.

[fip & jim 452]

16 minutes ago, junkmart said:

Hi. None of the 50 states have residency requirements for marriage license. Some require that non-residents apply for marriage license in the county where they plan to marry, but not all. A non-citizen may apply for a marriage license in any state with a valid government ID, like their passport.

"If either you or your future spouse is a resident of Michigan, then you must apply for the license in your county of residence, regardless of where in the state the wedding will take place."

https://statelaws.findlaw.com/michigan-law/michigan-marriage-license-requirements.html

Edited March 14, 2019 by fip & jim

[junkmart 320]

5 minutes ago, fip & jim said:

If either you or your future spouse is a resident of Michigan, then you must apply for the license in your county of residence, regardless of where in the state the wedding will take place.

https://statelaws.findlaw.com/michigan-law/michigan-marriage-license-requirements.html

Right, several states have that requirement. But that is completely different from being required to reside in the county for a certain period of time before you can apply for a marriage license, which is what you asserted in your previous post. I was just saying that that is not a requirement in any state in the United States.

Edited March 14, 2019 by junkmart

[fip & jim 452]

Just now, junkmart said:

Right, several states have that requirement. But that is completely different from being required to reside in the county for a certain period of time before a marriage license can be issued, which is what you asserted in your previous post. I was just saying that that is not a requirement in any state in the United States.

If you move counties, as my spouse did because we bought a house just before I emigrated, then it takes time to have the relevant paperwork to prove residency before you can apply for a marriage licence. It's another thing to factor in the timescale of the 90 day window.  

[Daniela M_______ 409]

1 hour ago, fip & jim said:

If you move counties, as my spouse did because we bought a house just before I emigrated, then it takes time to have the relevant paperwork to prove residency before you can apply for a marriage licence. It's another thing to factor in the timescale of the 90 day window.  

Same link provided also states this:

 

However, if neither person is a resident, then you'll have to apply for the license in the county where the wedding will occur.

 

I'm getting married in Michigan state and I also found this infomation under the following link https://www.accesskent.com/MLR/

 

[EM_Vandaveer 2,365]

23 hours ago, Cryssiekins said:

Also, when you enter on a K1, you cannot

leave until you have AP or a greencard.

You certainly can you just can't come back if you do that. Not without a spousal visa (and another 12-14 months), anyway.