After Arriving with K-1

[Jrock7 4]

Hello, my fiancee should be here by mid November. We have been planning to have the wedding in mid January, so that means we will get married within 90 days as per the requirements of the visa. Should we file the I-485 before or after our wedding in January? Thanks.

[Unlockable 7,306]

3 minutes ago, Jrock7 said:

Hello, my fiancee should be here by mid November. We have been planning to have the wedding in mid January, so that means we will get married within 90 days as per the requirements of the visa. Should we file the I-485 before or after our wedding in January? Thanks.

You can't file before you are married. It is impossible.

The I-485 is based on your fiance being married to you, not on when she entered. Being married to the petitioner is a strict requirement for the I-485 from a K1.

 

Please review the guides so you have more of an understanding of the process.

https://www.visajourney.com/content/k1k3aos/

[Jrock7 4]

I thought it was the requirement. So it's okay to file for it in January even though she is arriving here in November.

[Letspaintcookies 2,198]

1 minute ago, Jrock7 said:

I thought it was the requirement. So it's okay to file for it in January even though she is arriving here in November.

There is no formal deadline on when to file for AOS but don't forget that your fiance will be out of status after 90 days until you have the NOA1 for filling. 

[Unlockable 7,306]

6 minutes ago, Jrock7 said:

I thought it was the requirement. So it's okay to file for it in January even though she is arriving here in November.

You can file it anytime after marriage. Again, the main requirement is the marriage. If you want to file immediately after that it is fine. If you want to file a few months after that, it is up to you also.

[Jrock7 4]

Out of status within 90 days of getting married? The requirement is to get married within 90 days, correct?

[Unlockable 7,306]

1 minute ago, Jrock7 said:

Out of status within 90 days of getting married? The requirement is to get married within 90 days, correct?

Yes.

 

Get married within the 90 days. Then you can file for Adjustment of Status (I485). If you get married outside of the 90 days, things got more difficult for you two.

 

If you get married within the 90 days, you have met the requirements of the K1 and can move forward with the AOS. But it is advised to AOS as soon as possible as your new wife will not have any status until she gets her GC.

[payxibka 10,044]

7 minutes ago, Jrock7 said:

Out of status within 90 days of getting married? The requirement is to get married within 90 days, correct?

90 days meaning the expiration date as indicated on the i94 that is issued upon arrival 

[Dashinka 23,190]

34 minutes ago, Jrock7 said:

I thought it was the requirement. So it's okay to file for it in January even though she is arriving here in November.

You cannot file the AOS until you have the marriage certificate.  Some locations take a lot longer to actually register the marriage and get a copy of the certificate than others.

 

Good Luck!

[Jrock7 4]

So we can apply for the AOS as soon as we get married? Like the day of the wedding or the day after?

[payxibka 10,044]

2 minutes ago, Jrock7 said:

So we can apply for the AOS as soon as we get married? Like the day of the wedding or the day after?

You can apply the moment you have all the required documents 

[Hank_ 9,171]

3 hours ago, Jrock7 said:

Out of status within 90 days of getting married? The requirement is to get married within 90 days, correct?

Upon entry your fiancee's legal status in the USA will be governed by the I-94 which is valid for a period of 90 days from POE.   The K-1 requirement is to marry within those 90 days of clearing POE.

 

At the end of the validity period of the I-94 if your fiancee has not filed for AOS she will then be in the USA illegally.    

 

You will need a certified copy of your marriage certificate.   Not sure what state you are in, but in many states that requires that you take your completed marriage license to the country recorder, after it is recorded request certified copies.     The county recorder where we lived at the time was very good about recording the marriage license and getting us certified copies all done within a hour.

Edited September 20, 2019 by Hank_

[Ed&Midori1031 330]

Of course you can't file for AOS before you get married, so after the wedding ceremony, and have the required paperwork, then go ahead and submit.  Please do keep in mind about submitting the I-765 and I-131 along with the I-485, easier in the long run.  Good luck and congrats! 

[Jrock7 4]

So as long as we file for the AOS as soon as we get married, she will be fine?

[payxibka 10,044]

2 minutes ago, Jrock7 said:

So as long as we file for the AOS as soon as we get married, she will be fine?

Best advice is always as soon as possible