K1 holder- do i have enough time?

[Rainbow]

Hey guys,

i am the K1 holder.Actually, me and my fiance will get married and sign the marriage certificate on the same day on Jan. which is 78 days after i arrived in America. so, that means i only have about 10 days left out of the 90 days.

 

so, one thing i am very conservative about is Once i entred into America, the K1 visa will be expired after 90 days,is that right? So, if i get married only 10 days before the 90 days, what should i do about my visa? 'Coz i know it takes a long time for the Gov. to process it.

i read the info. says i have to get married within 90 days after i arrive in America and then file the AOS form in 30 days after married. do you guys think it's ok if you get married close to the 90 days?

 

at the same point, we will get married within 90 days . However, we will file for the AOS after the 90 days have passed. Will this cause any problems on my visa and stay here?

 

is it better to get the SSN before we get married?i still have not applied for the SSN yet. and i have been here for about 40 days already.

 

DavidZixuan has already provide me a lot of info. thanks a lot. But i am still confused about my personal situation.

 

Do you guys have any suggestions? i will be appreciate it.

 

Thank you so much.

[LeeFisher3]

As long as you are married before the visa expires, this is extremely important. Marriage after the 90 days presents a whole range of issues that could become extemely complicated.

 

You should file the AOS papers as soon as possible after marriage, but you need to include a certified marriage certificate and it appears the vacination suppliment also. You will probably have a delay in getting the certified marriage certificate, so take the time to get the papers completed and when it arrives you can mail the packet. They are not rigid about the AOS filing date, but you should not wait too long.

 

You should get the SSN as quickly as possible, if you wait until day 70 they can and probably will refuse. This is possibly one of the most important things you can do to make like easier for you and your husband, as it opens many doors easily for State issued ID and bank account. Take a look at SSA Policies on K-1 SSN, print the documentation to take with you. Go do this early this week, do not wait, it seems like a minor piece of paper, but in the US so many things revolve around having this number.

 

As for suggestions, have a wonderful wedding, have many pictures taken or get a video made. Be happy and build your lives together.

[frank1538]

The 90 day marriage is an absolute must, but there is no specific requirement that the AOS paperwork must be filed within 30 days of the marriage. A number of people have had to wait a bit to gather the necessary documents like the marriage certificate. As long as you file the AOS within a reasonable time after the marriage, you should be good to go.

[david_dawei]

You can prepare the paperwork, get the vaccination supplement (even the SSN--which you don't need for AOS, but for reasons Lee states) prior to your wedding.

 

Also, check with your town clerk and the person doing the wedding to see how quickly you will get a certified copy. I was able to hand deliver the marriage certificate back to my town clerk, who immediately gave me a certified copy. Essentially, no wait. I know that others have had to wait as much as three weeks, if not more...

[notrevorich]

Hey guys,

i am the K1 holder.Actually, me and my fiance will get married and sign the marriage certificate on the same day on Jan. which is 78 days after i arrived in America. so, that means i only have about 10 days left out of the 90 days.

 

so, one thing i am very conservative about is Once i entred into America, the K1 visa will be expired after 90 days,is that right? So, if i get married only 10 days before the 90 days, what should i do about my visa? 'Coz i know it takes a long time for the Gov. to process it.

i read the info. says i have to get married within 90 days after i arrive in America and then file the AOS form in 30 days after married. do you guys think it's ok if you get married close to the 90 days?

 

at the same point, we will get married within 90 days . However, we will file  for the AOS after the 90 days have passed. Will this cause any problems on my visa and stay here?

 

is it better to get the SSN before we get married?i still have not applied for the SSN yet. and i have been here for about 40 days already.

 

DavidZixuan has already provide me a lot of info. thanks a lot. But i am still confused about my personal situation.

 

Do you guys have any suggestions? i will be appreciate it.

 

Thank you so much.

174969[/snapback]

Hi ,

Why Not get Married before Jan 1 and get a Tax deduction ?

Sure Makes a Big Difference in the Federal Taxes and since she was Not an American Citizen she has No Taxable Income B)

[Randy W]

Is getting married in China an option? They already have the K1 - I wouldn't think there would be any complication at the Point of Entry.

[warpedbored]

Is getting married in China an option? They already have the K1 - I wouldn't think there would be any complication at the Point of Entry.

176887[/snapback]

I wouldn't chance it. The K-1 is a fiancee visa. If they married in China after the K-1 was issued and before she entered the US she would technically need a K-3 visa. They could probably get her into the country but AOS would be a dice roll.

[notrevorich]

Read Pub 512. If the election is made to be treated as a full year resident, all income in subject to US tax. Any resident - citizen or not - is subject to US tax.

176885[/snapback]

Nope Don ,

Talked to IRS and My Accountant

My SO is Exempt on foriegn income because she met the 330 Consective days in the Foreign country test

for 2005 she got here December 4 ,2005

several IRS forums on this try 864

[frank1538]

Read Pub 512. If the election is made to be treated as a full year resident, all income in subject to US tax. Any resident - citizen or not - is subject to US tax.

176885[/snapback]

Nope Don ,

Talked to IRS and My Accountant

My SO is Exempt on foriegn income because she met the 330 Consective days in the Foreign country test

for 2005 she got here December 4 ,2005

several IRS forums on this try 864

176901[/snapback]

If she chooses to be treated as a full year resident, her income in China is taxable. But, yes, she can also use the foreign income exclusion for her earnings in China.

176992[/snapback]

As a general rule, you cannot file a married-joint return if one of the spouses is a non resident alien (IRS not USCIS definitions). Without the election that Don mentioned or unless the alien spouse meets the IRS definition of a resident (days present test), you usually end up having to file married-separate if you are married at year end. If the election is made, the alien spouse's "worldwide" income is usually included in the joint return subject to possible foreign income exclusions. If the election is not made and if the alien spouse is treated as a non resident alien, only his/her US income is taxable.

 

For many SO's who come to the US during the year and are married at year end and who do not meet the IRS definition of a resident alien, it is often better to make the election since his/her worldwide income, if any, is more than offset by the benefits from being able to file a joint return.