Crazy Cat

Don't let anyone convince that you should delay filing an I-485. Some will say that a marriage certificate allows a person to remain in the US. That just isn't true. This firm explains AOS best practice. Adjustment of Status for K1 Visa | Siam Legal International (siam-legal.com) Can I still apply for AOS if the 90 day stay I was given upon entry to the US has expired? Assuming you married during that 90 day period, you can still apply for AOS. However, you will be "out of status" during any period between the expiration of the 90 days and the receipt by USCIS of your AOS application and technically subject to deportation from the US. Our advice to our K-1 AOS clients is always to ensure their AOS application is received by USCIS before the 90 day stay expires. Once the application has been received by USCIS, AOS applicants are granted a period of authorized stay in the US until a decision has been made on their AOS application.

***Argumentative comments containing blatant misinformation removed*** ***Thread is closed per OP request***

This firm explains AOS best practice. Adjustment of Status for K1 Visa | Siam Legal International (siam-legal.com) Can I still apply for AOS if the 90 day stay I was given upon entry to the US has expired? Assuming you married during that 90 day period, you can still apply for AOS. However, you will be "out of status" during any period between the expiration of the 90 days and the receipt by USCIS of your AOS application and technically subject to deportation from the US. Our advice to our K-1 AOS clients is always to ensure their AOS application is received by USCIS before the 90 day stay expires. Once the application has been received by USCIS, AOS applicants are granted a period of authorized stay in the US until a decision has been made on their AOS application.

Agree......but there is a risk after 90 days. A marriage certificate, alone, does not confer any right to remain in the US. That is a misconception by average Americans who think marriage automatically confers the right to live in the US.

Absolutely false. Re-read the thread I linked. The OP was married, yet was detained for 5 weeks for unlawful presence. A properly submitted I-485 fills the gap between filing and I-485 adjudication. When filed prior to 90 days, it eliminates any period of unlawful presence. Thus, it makes sense to file the I-485 prior to 90 days after entry.

Perhaps you did not get the message from the OP of that thread I linked. She entered via a K-1, married, but did NOT submit an I-485 within 90 days. She was detained for 5 weeks due to being out of status.

That, alone, confers no immigration rights or right to remain in the US. My reference was to the thread in which the OP related her experience as a married K-1 entrant who was detained....not her misconceptions.

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I am saying the person, married or not, is out of status after their I-94 expires. In the case of a K-1 entrant, it is 90 days after entry via the K-1.

All non-immigrant entrants must leave before the I-94 expires.

Only if the K-1 entrant is OK with the risk of being detained and deported.

That is inaccurate.

Correct. Marriage confers no immigration rights or rights to remain in the US. Only after a married K-1 entrant submits a proper I-485 will he/she be granted "authorized stay" until the I-485 is adjudicated. "Authorized Stay" is not a legal status. The person remains out of status, but does not accrue unlawful presence.

That is inaccurate.

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I've already moved it to the correct forum. Africa: Sub-Saharan - VisaJourney

Please do not post Whatsapp links publicly. Thanks -VJ Moderation Team

**Moved to the Canada regional forum***

I have never seen a letter of intent with the words "I might marry within 90 days". Anyway, I hope you find a good insurance plan to fit your needs. That is a question which comes up often. There really is very little good information regarding temporary coverage outside travel insurance. Please post the particulars to that policy.

A better option, imo, is to marry asap after she enters, and start her medical coverage under a spouse plan. I don't think a K-1 was ever meant to be a "try before you buy" visa.

She isn't required to file a US tax return.

An EAD is required only for work inside the US. The Utah online marriage eliminates all obstacles to foreign marriage difficulties.

***Moved to the Africa: Sub Saharan regional forum as these questions are country queue at NVC specific***

How do I change my name after getting married? (texas.gov) "There is no single form to fill out that will change your name after marriage. In most cases, you do not need a court order to change your name after marriage. Your completed marriage license is legal proof of your new name. You can use your completed marriage license to update your identification documents." " Yes, you can only change your name in certain ways under this process. Texas Administrative Code Title 37, Rule 15.23 states that a person does not need a court order to change their name on Texas driver's licenses and IDs for the following types of name changes: Changing your last name to your spouse’s last name; Changing your last name to your spouse’s last name and your middle name to your current last name; or Hyphenating your last name and your spouse’s last name. " The Texas statute is exactly in line with USCIS standards. Marriage certificate says John Doe married Jane Smith Jane can use any of the following as her new legal name: Jane Smith Jane Doe Jane Doe Smith Jane-Doe-Smith The OP stated "I would like to update my status with the I-485 form and also we agreed to change my last name to my husband's last name." It all depends on when the OP wants to start using a new name.