thonati

Did you not read the reference you sited? It states: "Once you marry, you are treated as an immediate relative"

Please provide evidence where the foreigner must leave the country if the I-485 is not filed before the 90th day? I have the I-485 from USCIS in front of me and it CLEARLY states the marriage must be completed before the 90 days. No where does it state the I-485 MUST be completed, submitted and received by the 90th day. It does not say that anywhere on the form. Again, the logic of some people on this board is bizarre. For example, let's say the couple gets married within the 90 days. The couple lives in a remote area of the US where Postal Service is sketchy. It could take a few days to get the mail to the USPS, then the USPS takes a few days to get it to the Distribution center and into the network. The IRS will accept mail that is postmarked as the "submission" date. I cannot find this on the I-485 form where the USPS postmark is accepted as the submission date. Let's say this couple uses UPS or FedEx and the package gets re-routed and a few days are lost. Are you saying if the USCIS does not recieve the I-485 form by mid-night of the 90th day the fiance is required to leave the country the very next day? Do you see the error in your logic? Again, no where is this stated on the I-485 form. I will be happy to buy a beer for anyone that finds it. I will even pay in bitcoin.

I will have to look that up again. However, it is though United Health Care's PPO network. My Doctor participates so if/when we get married, I will add her to my BCBS Insurance and she keeps the same Doctor, just different policy. UHC also has travel insurance for USC traveling abroad that is much cheaper than the policies you buy from the airlines or their affiliates.

The logic on this board is certainly below average. In my experience closed minded people have a rough time in life even though they do not realize it. The Letter of Intent is just that INTENT based on the facts and circumstances today. With your simple logic, why didn't the US Congress add into 8 US Code 1201 REQUIRING marriage before you leave the airport? Marriage on the date of arrival? Congress did not require this and allows for 90 days to get married. I signed the Letter of Intent to marry my fiance within 90 days. No question, that is my goal. However, many circumstances change during that 90 days. Even on this board, I have read horror stories about K1 marriages. I remember one where the fiance arrived, cleared CBP, jumped in a car and left the airport. She later texted her USC fiance saying "they denied me" then went dark. So I am keeping my options open. I do not have a crystal ball, I do not know of any wormhole in the space/time fabric, nor do I read minds. <DELETED> , I am always prepared for the unexpected. What if my fiance ditches me upon arrival? What if I find out my fiance lied to me and has 25 children?, what if my fiance is an axe murderer that was not caught in the police clearance?, what if my fiance is a horrible drug addicted prostitute? With your logic, I would still be required to marry her because I signed the letter of intent? You probably should take some Logic Classes at your local community college, hell I will even send you a link to my on-line logic class. If you are a veteran, over 65 or disabled, it is free. I teach all my students to keep an open mind about everything. In the Logic 101 Class that I teach, I require my students to be nimble, collect as much data as possible before a decision is made. Once a decision is made, always have options. Never let others force you into a situation where you are not comfortable, just walk away.

I 100% disagree. If that were the case, the visa would only be good for 15 or 30 days. There is a reason that the duration is 90 days. That logic does not make any sense. Whatever the reason, K1 visa has 90 days to get married...period.

UPDATE: United Healthcare has an insurance policy for exactly what I am looking for. It is targeted for K1 Visa holders. It is active on arrival date, only covers while she is in the US, good for 90 days or marriage whatever comes first. It has variable maximum coverage starting at $50,000, $250 deductible, $30 co-pay for urgent care. $250 deductible for emergency room visits, waived if admitted. PPO so have to use in-network Doctors which my doctor participates. Premium is only $250 for the entire 90 day policy. This is exactly what I am looking for. You can buy the insurance ahead of time and when the arrival date gets closer, you can activate it to start on a specific date. Then the 90 day clock starts.

Thanks for the quick reply. We could delay her arrival and keep her in Philippines until we can get married but that seems too agonizing to me. I guess I will leave it up to her. Come to think of it, my health insurance covers domestic partners too. I will have to check into that and find out what the requirements are for someone becoming a "domestic partner".

Where did I say I would not be married during the 90 days? I did not say that. The requirement is very clear regarding the 90 days.

I searched but did not find a post to my specific question. What insurance does everyone recommend for my K1 fiance while she is in the US but before we are married? I do not plan to marry her until she experiences a few months of cold weather (Michigan). She is from Philippines and has NEVER experienced snow/cold. She claims she will be fine but I want to see her perform a snow angel, build a snowman and perhaps a few white washes and snowball fights before I am confident she will not bail on me. I need to get her coverage for the entire 90 days. Does travel insurance have good coverage? I am not sure if Obamacare is available for short term until she gets on my insurance.

Fair point. However, as I have said another thread, inter-government agencies share data in real time. No way she gets approved. Just my opinion.

My guess is the State Department will refuse AOS. This is not their first rodeo. Can you imagine how many female spies have tried this tactic? My guess is thousands, especially during the Cold War. The marriage will still be legal but she will not be allowed to live here. You both could move to China or perhaps Canada but the recent US Supreme Court ruling states that marriage by itself is not a guarantee for any non-citizen to live in the US. Fire the idiot Lawyer and find a good one. My guess is no lawyer will be able to help you in this situation but one never knows for sure.

The DNC will be a poop show for sure. I have plenty of popcorn available.

Tulsi is hot, in a weird kinda way.

I am a June 24 filer. I have been tracking the approval times from the VJ timelines and comparing to USCIS data. It looks like in 2024 processing times have improved significantly, For those who filed in MAR24, the statistical average approval time is 64 days. For those who filed in APR24, the average approval time is 54 days (a 15% improvement). For those that filed in May, the average approval time is 39 days (a 27% improvement MOM). Here is the problem, starting in Mid-June 24, the number of cases adjudicated has wen down significantly. This trend continues into July. I wonder if summer vacations are the root cause of the delays? So the rest of the May filers, June and July as well can expect the approval times to increase significantly as well. I suspect the May filers that were approved in June were processed in a batch of cases before the summer vacations. The rest of the May filers will have to wait like the rest of us. USCIS provides meaningless data by saying "80% of cases will be processed in 11.5 months". This can and will change based on manpower, politics and other factors.

Incorrect information. In other words, "It wasn't me"

There is no penalty for the appeal, except for a small fee. I would appeal it and explain the circumstances. The worst that can happen is they say no again. Just be honest and no sugar coating anything. I suspect, as others have pointed out, you will get denied again. Global Entry is a bear to get approved.

Yes however, make sure it is a certified copy from your local County Clerk's office. That is legal proof of your new name. You can add a note with explanation if it makes you feel better. The certified copy of the marriage license is legal proof of your name change. You could use your maiden name as well IF you have not changed your name in other agencies (SSA, bank, IRS etc) and officially change it later. Up to you.

I think everyone is missing an important point. In most states, a marriage license is the legal document that "allows" you to change your name. So if the last name does not match on all the various documents (Driver's License, SS card, Marriage License, school ID, house title, credit cards, bank account etc), the marriage license is the legal document that "authorizes" a name change. So the legal name is changed once the marriage license is filed with the Vital Records (County Clerk in my state) and a certified copy is in hand. (Provided the bride wants to change her name). The OP states the marriage license is in her maiden name (of course it is). She mentions bank accounts and SS card in her post but these are meaningless. The certified copy of the marriage license is the authorizing document. Now, there will be a problem with SSA or bank if she does not take the certified document and update her accounts. In my state, you cannot have 2 legal last names; one or the other. A court order or divorce decree are the other two common documents. So as mentioned, if you CHOOSE to change your name due to marriage, the marriage license as filed in your country, is your "proof". Make sure to have the marriage license with any forms you submit. In many states, there is a 1 or 2 year period where you can change your name with a marriage license. My nephew took his wife's last name and it was no problem although he did say some people raised an eyebrow. I married my HS sweetheart and she took my last name. We got divorced after 25 years and she changed back to her maiden name. I soon realized it was a mistake to divorce. We started "dating" again and she soon moved back into the house under a 5 year probationary period. Yes 5 years. After my probation, we got re-married but she did not take my name because it would have been way to complicated. Most people were confused as to what her legal name was. She had 2 years to take my last name again or keep her maiden name (which she did).

This is an interesting question. How do you prove something that does not exist (expungement)? I have the same situation. I had a DV but the case was dismissed after I took some anger management classes. I included this court record on my I-129f as well as my Global Entry application. I was approved for GE without any issues 10 years ago so I wonder if I will have the same problem.

My point is not to use the background check for the Visa process. It is for the fiance to perform the background check prior to application. You know, like a Private Investigator

Right. The US Constitution does not mention anything regarding immigration. So the SCOUS made the right decision in this case. I have read the US Constitution many times in my life. The Founding Fathers were brilliant but obviously it is impossible to foresee every single situation that may arise 200 years in the future. The Pursuit of Happiness cannot jeopardize the nation as a whole. I submit we should set up a "pre-authorization" whereby the foreign national does the background check first to see if they will be approved. This way, the USC can move on if they choose knowing their fiance will not be admitted.

This is a well thought out statement. A scam marriage denial is a secondary protection from this decision. Can you imagine MS13 would set up a "marriage factory" to get more of their people into the US. Citizenship without consequences for foreigners.

This is a great, well-thought out decision. The Plaintiff's argument is that the US Constitution outlines unalienable rights as life, liberty and the pursuit of happiness. Therefore the State Department is required by the US Constitution to provide a visa to a US Citizen's fiance/husband so she can be 'happy". The answer is very simple. The US Citizen can move to her fiance's country to be with him/her. They also could both move to a country where they both can get a visa and long term residency. The US Supreme Court usually gets these things right most of the time. I am not surprised that the 3 Liberal justices dissented. They usually are on the wrong side of decisions.

My Fiance sent me the digital photo of her official passport photo she took in the Phils. I went to Walgreens and they were able to print an official passport photo. It cost me $15 but well worth the time saved and risk of loss via mail.