Any requirements before the 90 days expires after getting married and filing the marriage license with the county?

[Scorpio82 2]

Hello,

I know about the Adjustment of Status, the Employment Authorization, and the Advanced Parole. 

 

I am trying to make sure there is no paperwork or anything we need to do before the 90 days expires AFTER we have gotten married, obtained a signed marriage license, and filed the license with the county.

 

From what I understand Adjustment of Status is the next thing, but it isn't REQUIRED before 90 days, correct? Is there any paperwork we need to file, any form, to prove we fulfilled the requirement for getting married in 90 days?

 

Thank you. 

[appleblossom 5,434]

2 minutes ago, Scorpio82 said:

From what I understand Adjustment of Status is the next thing, but it isn't REQUIRED before 90 days, correct?

 

It is if you don't want to be at risk of deportation. I wouldn't leave it past 90 days with the current administration personally. 

[wildbug100420 382]

39 minutes ago, Scorpio82 said:

Hello,

I know about the Adjustment of Status, the Employment Authorization, and the Advanced Parole. 

 

I am trying to make sure there is no paperwork or anything we need to do before the 90 days expires AFTER we have gotten married, obtained a signed marriage license, and filed the license with the county.

 

From what I understand Adjustment of Status is the next thing, but it isn't REQUIRED before 90 days, correct? Is there any paperwork we need to file, any form, to prove we fulfilled the requirement for getting married in 90 days?

 

Thank you. 

The longer you wait the longer it takes. Hopefully you get work permit soon after filing. My wife still waiting for green card but at least has work permit and state ID 

41 minutes ago, Scorpio82 said:

Hello,

I know about the Adjustment of Status, the Employment Authorization, and the Advanced Parole. 

 

I am trying to make sure there is no paperwork or anything we need to do before the 90 days expires AFTER we have gotten married, obtained a signed marriage license, and filed the license with the county.

 

From what I understand Adjustment of Status is the next thing, but it isn't REQUIRED before 90 days, correct? Is there any paperwork we need to file, any form, to prove we fulfilled the requirement for getting married in 90 days?

 

Thank you. 

Please complete your timelines 

[Crazy Cat 45,810]

53 minutes ago, Scorpio82 said:

From what I understand Adjustment of Status is the next thing, but it isn't REQUIRED before 90 days, correct?

After 90 days, you are out of status....and deportable.  Marriage to US citizen gives no immigration rights or rights to remain in the US.  However, once you file a proper I-485, you are granted authorized stay in the US until the I-485 is adjudicated.  "Authorized Stay" is not a legal status, but prevents further unlawful presence.

 

It is highly recommended to file for adjustment of status before the end of 90 days after entering the US.  There is no benefit in waiting to do so. 

Edited 2 hours ago by Crazy Cat

[Scorpio82 2]

Thank you for the reply. 

 

Not that we plan on waiting too long to file the I-485, but it is cutting it close with one week until 90 days expires and may be difficult to file that quickly, so knowing there is no strict requirement would be helpful.

 

From the wording on USCIS's website, the wording does not appear to suggest a strict requirement for the I-485 being filed within 90 days.

 

"Step 5: Adjustment of Status – USCIS

1. If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status."

 

If you don't mind, can you direct me to the source for your information?

 

Thanks again for your help.

[Crazy Cat 45,810]

2 minutes ago, Scorpio82 said:

Thank you for the reply. 

 

Not that we plan on waiting too long to file the I-485, but it is cutting it close with one week until 90 days expires and may be difficult to file that quickly, so knowing there is no strict requirement would be helpful.

 

From the wording on USCIS's website, the wording does not appear to suggest a strict requirement for the I-485 being filed within 90 days.

 

"Step 5: Adjustment of Status – USCIS

1. If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status."

 

If you don't mind, can you direct me to the source for your information?

 

Thanks again for your help.

Here is a VJ case where the person waited to file an I-485.

 

 

[Crazy Cat 45,810]

https://www.lawfirm1.com/non-immigrant-visas/how-to-obtain-a-k-1-fiance-visa/adjustment-of-status-through-k-1-visa-entry/

 

"

Form I-485, Application to Register Permanent Residence or Adjust Status

You, the foreign national spouse, will file Form I-485 after you and your spouse have married. Again, the marriage needs to take place within 90 days of your arrival in the U.S. It is advised that you file Form I-485 before the 90 days is up because that is when your I-94 expires. You are allowed to file the adjustment of status visa after the 90-day time window has expired, but note that your legal status will have expired. Your legal status will expire with the K-1 visa — regardless of your marital status. One of the requirements for Form I-485 is to show that you have maintained lawful status in the U.S."

[Crazy Cat 45,810]

https://www.justanswer.com/immigration-law/r4c1j-wife-entered-u-s-k1-visa-already-married.html

"

K1 Visa Adjustment of Status: Timing for Form I-485 Filing

Confusion about filing deadlines and maintaining lawful status after K1 visa entry.

After marriage within 90 days of K1 visa entry, the spouse should file Form I-485 to adjust status. The 90-day period applies to marriage, not the I-485 filing deadline. Filing after the I-94 expiration can risk unlawful presence issues. It is important to file the I-485 promptly after marriage to maintain legal status. USCIS requires timely submission to avoid complications, but exact timing depends on individual circumstances and current immigration policies."

Edited 2 hours ago by Crazy Cat

[Crazy Cat 45,810]

https://www.immi-usa.com/immigration/marriage-visas/k1-adjustment-of-status/

 

"You need to file a K-1 adjustment of status before the end of the 90 days of stay. In other words, you should file for an adjustment of status before the I-94 expires. "

[Scorpio82 2]

Thanks for all the info.

[JeanneAdil 7,359]

K1 itself is a 1 time entry visa and expires upon entry 

your I 94 has entry and departure info that allows the stay usually 90 days for the K1 

 

https://www.cbp.gov/travel/international-visitors/i-94

 

 CBP I-94 website

 

those who stay past the departure date listed without the receipt of AOS submitted are subject to deportation

 

BTW Did you get spouse's SS # and state ID in the alloted time?

[Scorpio82 2]

"BTW Did you get spouse's SS # and state ID in the alloted time?"

 

We have not gotten those yet, why?