HELP I think I screwed up

[John C]

Hello all, it has been awhile since we have reached out to all of you, but I think I screwed up. My Fiancee arrived in USA on June 10th, Here K1 visa expires Sept. 8th. We are getting married Sept.5th, mainly due to making sure she likes being here ( which she has adjusted very well) and getting all my family together.

I was under the impression, as long as we married within 90 day and then file the I-485 form after the fact. What I just read was that we had to marry and file prior to the 90 days.... oh boy. I suppose we can run out and get married prior to that day and just celebrate on Sept. 5th.

Do we have to wait till we have our marriage certificate from our government in hand prior to filing the I-485.

Any input on my stupidity will greatly be appreciated.

Thanks as always,

John and Siyi

[dnoblett]

Hello all, it has been awhile since we have reached out to all of you, but I think I screwed up. My Fiancee arrived in USA on June 10th, Here K1 visa expires Sept. 8th. We are getting married Sept.5th, mainly due to making sure she likes being here ( which she has adjusted very well) and getting all my family together.

I was under the impression, as long as we married within 90 day and then file the I-485 form after the fact. What I just read was that we had to marry and file prior to the 90 days.... oh boy. I suppose we can run out and get married prior to that day and just celebrate on Sept. 5th.

Do we have to wait till we have our marriage certificate from our government in hand prior to filing the I-485.

Any input on my stupidity will greatly be appreciated.

Thanks as always,

John and Siyi

You need to marry within the 90 days, and it is recomended to file the I-485 also within the 90 days to avoid any period of being out of status. HOWEVER many do file outside the 90 days without any problems.

 

This is a FAQ on VJ

6.1)...How soon after we get married should we apply for Adjustment of Status?

 

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

 

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

 

Note: The visa is Voided the moment it is used to enter the USA, it is the 90 days of the I-94 that you are concerned with, not the visa's expiration date.

[Jeff n Jianli]

We filed way after the 90 day period and did not have any problem