K1 married after 90 days

[Areej 0]

Is there anyone in the group on K1 who failed to marry within 90 days. Really in a tough situation failed to get married within 90 days due to family emergencies 

[aaron2020 11,651]

Did you get marry after the 90 days?

[Areej 0]

@aaron2020 yes got married 5 days after the 90 day period 

[aaron2020 11,651]

You will need to file an I-130 since you failed to marry within 90 days on the K-1.  You can still file the I-485, etc. to adjust, get AP, get EAD, etc.  

 

Failing to marry within 90 days on the K-1 means having to file and pay for the I-130.  

[HRQX 4,145]

26 minutes ago, Areej said:

yes got married 5 days after the 90 day period 

File for Adjustment of status. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[Areej 0]

@aaron2020 I did file for AOS with I-130 but my husband and I are worried we might get denied because we did not follow the 90 day rule 

[aaron2020 11,651]

7 minutes ago, Areej said:

@aaron2020 I did file for AOS with I-130 but my husband and I are worried we might get denied because we did not follow the 90 day rule 

You don't need to worry about that.  You will not get deny for not meeting the requirements of the K-1.  As the spouse of a US citizen, overstaying and not fulfilling the requirements of the K-1 is not a problem.  The I-130 fixes not marrying within 90 days on the K-1.  

You are not the first person to do this.  Many others have done it.  Filing the I-130 fixes the not marrying within 90 days problem.

Good luck.  

Edited March 7, 2021 by aaron2020

[Areej 0]

@aaron2020 thank you, it gives me a little confidence lost our sleep ever since then

[Crazy Cat 41,975]

55 minutes ago, Areej said:

@aaron2020 I did file for AOS with I-130 but my husband and I are worried we might get denied because we did not follow the 90 day rule 

Not an issue if you filed a proper I-130 along with the I-485 package.