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Filed: K-1 Visa Country: Philippines
Timeline
Posted

The 90-day deadline for marriage comes from the K-1 visa.

 

The 90-day deadline for filing I-485 to adjust status doesn't come from the K-1 visa rules.  It comes from the 90-day I-94 you got when you entered with the K-1 visa.  As others have said, being past 90 days doesn't prevent you from filing the I-485 but starting day 91 you have legally zero right to be in the USA.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
1 hour ago, rbv_shard said:

starting day 91 you have legally zero right to be in the USA.

It is a stark truth. With the current climate of searching for immigrants out of status for ANY amount of time, being under the protection of a I-485 submission before day 91 is a wise move, perhaps not realized until you someday show up for the interview to grant that green card.

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

You're right to double check, and you're not wrong the 90-day requirement only applies to getting married, not to filing the I-485 (AOS). Ideally, yes, it's recommended to file AOS before the 90 days ends, because that's when your I-94 expires and your lawful nonimmigrant status ends. But you’re still allowed to file after that especially since you married a U.S. citizen within the required timeframe. USCIS still accepts AOS applications filed after 90 days for K-1 entrants who married on time. Just try not to wait too long after the 90 days unless necessary. No other form is required just to prove you got married on time, your marriage certificate will speak for itself when you submit the I-485.

Edited by hamorflic247
Filed: K-1 Visa Country: Philippines
Timeline
Posted
21 hours ago, Nagpetisyon said:

It is a stark truth. With the current climate of searching for immigrants out of status for ANY amount of time, being under the protection of a I-485 submission before day 91 is a wise move, perhaps not realized until you someday show up for the interview to grant that green card.


And it's not just the chance of being detained while out of status -- OP would forever have to answer YES to the question "Have you ever been in the USA without authorization?".  Even though a short overstay doesn't prevent marriage-based adjustment of status, answering that question wrong would make everything afterward null and void -- even conferral of citizenship is no protection against being deported for making false statements for immigration benefit.

Filed: Citizen (apr) Country: China
Timeline
Posted

Moved from K1 Progress Reports to Adjustment of Status from K Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

December 9, 2025:  N-400 interview - approved

 

 
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