K1 visa married after 90 days

[mizz 0]

what happened if the petitioner and the fiancee married after the 90 days due to certain circumstances? is that allowable? can they still file AOS?

[aussiewench 9]

The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

[Kez/JWolf 6]

It is my understanding that if you dont marry within the 90 days you will have to leave the USA and return to your own country then file for a K3 or CR1

Kezzie

[john_and_marlene 162]

what happened if the petitioner and the fiancee married after the 90 days due to certain circumstances? is that allowable? can they still file AOS?

Certainly overstay days have accrued, but will most likely be forgiven with the AOS. Don't delay filing AOS. Once you get the NOA, you will be back in status and will stop adding to the overstay days. If the AOS is denied, overstay will be calculated from the expiration of the I-94. If the AOS is approved, the overstay days ended when your AOS application was received.

[Kez/JWolf 6]

You can not file for AOS if the marriage did not take place within 90 days.....

AOS from a K1 is dependent on the marriage having taken place within 90 days of entry to the US..... it would be denied and you would be deported.....

Kezzie

[john_and_marlene 162]

Consult a good immigration attorney.

[desert_fox 32]

As opposed to what have said. You cannot file for an AOS based upon marriage. You can submit the I-130 at this point and await approval. If you leave the US during this time period, you will not be readmitted, even with an AP document.

You can adjust status at some point based upon the approved I-130.

[aussiewench 9]

From FAQ

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

[slim 1,514]

Has anyone ever heard of getting an extension?

I would like to have more than 90 days before we HAVE TO get married, is that possible? Maybe a waiver or loophole somewhere?

Getting married within the 90 will be OK, but I would like to have more time if possible.

[scy 0]

Has anyone ever heard of getting an extension?

I would like to have more than 90 days before we HAVE TO get married, is that possible? Maybe a waiver or loophole somewhere?

Getting married within the 90 will be OK, but I would like to have more time if possible.

No extension or loophole. The law is very clear. If you can't get married within 90 days then don't use the visa until you are ready to be married. You can get an extension for the 6 months visa validity, but not for the 90 days marriage requirement.

[aussiewench 9]

Has anyone ever heard of getting an extension?

I would like to have more than 90 days before we HAVE TO get married, is that possible? Maybe a waiver or loophole somewhere?

Getting married within the 90 will be OK, but I would like to have more time if possible.

What I quoted in my first post was straight from USCIS. There is NO extensions with the K-1. If one doesn't marry within the 90 days they have to file the I-130 as outlined in my second post. And I imagine not as smooth sailing in some cases as the AOS from the K-1 would of been.

Lorelle

[Miwa 0]

Has anyone ever heard of getting an extension?

I would like to have more than 90 days before we HAVE TO get married, is that possible? Maybe a waiver or loophole somewhere?

Getting married within the 90 will be OK, but I would like to have more time if possible.

No extensions, for the simple reason that the 90 days isn't supposed to be a trial period.

When you filed the I-129F, you filed a letter of intent, you stated that the purpose for obtaining the visa was to get married, not to get to know someone better...

Sorry.

[Peter Miami 0]

No loopholes, No extension, no nothing, nada!

Peter Miami

[Kajikit 65]

What everyone else said... once that 90 day clock starts ticking there is NO WAY to slow it down. You can get married at 11.59pm on day 89 if you so wish but you HAVE to be married by the expiry date or the whole visa becomes null and void and you'll have to leave the country or be an illegal alien.

[I'm Gone 60]

what happened if the petitioner and the fiancee married after the 90 days due to certain circumstances? is that allowable? can they still file AOS?

What circumstances? You both were in a coma? LOL I would say talk to an immigration attorney if you don't get married within 90 days after entry.