What to do after K1 US entry...90 days???

[claudi1176 2]

Hi everybody,

just wondering, about the time frame now that I have entered the US. Do I actually have 90 days to get married (like I was told) and then just file the paperwork within the next couple of weeks. Or do we have to file for AOS within the 90 days??

My K1 expires on August 19th and we want to get married around August 10. Is that cutting it too close?

THANK YOU ALL and GOOD LUCK

[sweet cakes 326]

Hi everybody,

just wondering, about the time frame now that I have entered the US. Do I actually have 90 days to get married (like I was told) and then just file the paperwork within the next couple of weeks. Or do we have to file for AOS within the 90 days??

My K1 expires on August 19th and we want to get married around August 10. Is that cutting it too close?

THANK YOU ALL and GOOD LUCK

Yes, you just have to get married within 90 days from POE. Filing for AOS doesn't have to be within the 90 days period.

Btw, your K1 visa is null and void after POE. It's your I-94 that defines your 90 day lawful stay in US.

Edited June 19, 2014 by sweet cakes

[Zedayn 485]

You just need to marry within 90 days.

[Pitaya 2,576]

~Moved from K1 Process to Family-based AOS Forum~

~Inquiry about AOS process, post K1~

The general recommendation is to file your AOS application as soon as you can after your marriage (that is within 90 of your POE arrival). BTW, your one-time, one-way K1 visa was void right after your US POE arrival. As sweet cakes mentioned, your current immigration status is determined by your electronic I-94. accessible at the top of the forum page. In particular, the K1 Flowchart, starting at step #15: http://www.visajourney.com/content/k1flow Become acquainted with and review some of the postings in the Family-based AOS forum.

Congrats on your US entry, good luck on your immigration journey.

[CowBoE 429]

Most think that wedding ceremony and actual court filing of marriage are locked together, but its not.

You can just go to the local county court and file for marriage certificate/license,

and usually show up in front of a judge and you can be officially married.

And then, you can do the wedding ceremony/reception whenever you want,

even after 90 days, because you are formally married already.

This is how I am planning, because trying to prepare for the wedding ceremony/reception

now when visa approval timeline is uncertain is too complicated.

So, I plan to file for marriage certificate/license immediately after she arrives,

and we will have wedding at a later date, like after 90 days to allow time for preparation.

Of course, unless your religious/family practice doesn't allow this.

[Cori and Rob 55]

There is no timeline to file for AOS, it is just recommended that you do it as soon as possible after getting married, particularly because you can file for your EAD and AP at the same time, and those are the things that allow you to work and travel. As for the marriage, as long as you get married within 90 days of your arrival, you're fine. August 10th is within 90 days, so you will satisfy the requirement.

[Aaron and Marina 24]

Also...you can and should apply for an SSN now...no need to wait. But be very sure it's done in your maiden name, even if it's after you get married! The I-94 drives this, and it's done like this before it expires. After your married, you can update it to your married name. If not, you'll apply in your married name AFTER the I-94 expires and when you receive your EAD/AP combo card and/or Green Card....because these two docs will then be in your married name. Note, there's a period that you CANNOT apply which is between the I-94 expiring after 90 days and before you receive the EAD/AP and/or GC.

I'm just very specific about this because you seem to have some questions, and this particular thing won't jump out at you unless you know and/or look for it. The SSA is also not staffed w/the brightest people...in my particular case, they put our app in in my wifes married name not knowing any better (even though they should have without a doubt). NOTHING at that point was in her married name. DHS said "Who is this person?" I won't bore you w/the absolute mess this caused, but it took about 4 months to fix.

[mcuzin1985 13]

Also...you can and should apply for an SSN now...no need to wait. But be very sure it's done in your maiden name, even if it's after you get married! The I-94 drives this, and it's done like this before it expires. After your married, you can update it to your married name. If not, you'll apply in your married name AFTER the I-94 expires and when you receive your EAD/AP combo card and/or Green Card....because these two docs will then be in your married name. Note, there's a period that you CANNOT apply which is between the I-94 expiring after 90 days and before you receive the EAD/AP and/or GC.

I'm just very specific about this because you seem to have some questions, and this particular thing won't jump out at you unless you know and/or look for it. The SSA is also not staffed w/the brightest people...in my particular case, they put our app in in my wifes married name not knowing any better (even though they should have without a doubt). NOTHING at that point was in her married name. DHS said "Who is this person?" I won't bore you w/the absolute mess this caused, but it took about 4 months to fix.

OP please listen to Aaron and Marina. If you do not get your SS now, your I-94 will be expired and you will not be able to get one until after you receive your EAD card which will take you approx 90 days after you file for the AOS.

Good luck.