"if intend to marry within 90 days of arrival"
Jun 2nd 2002, 12:20 pm
#1
Guest
Posts: n/a
"if intend to marry within 90 days of arrival"
...that's what it says on the I-129F, but what if we get married let's say after 4 or
5 months instead of those 3? Will we need a different form??? (spouse will still be
"in status").
And what if the spouse is out of status for a couple of weeks and gets married then?
Will the INS send her back to her home country?
Thanks, Nadine
5 months instead of those 3? Will we need a different form??? (spouse will still be
"in status").
And what if the spouse is out of status for a couple of weeks and gets married then?
Will the INS send her back to her home country?
Thanks, Nadine
Jun 2nd 2002, 12:20 pm
#2
Guest
Posts: n/a
Re: "if intend to marry within 90 days of arrival"
ZareahUSA wrote:
> ...that's what it says on the I-129F, but what if we get married let's say after 4
> or 5 months instead of those 3? Will we need a different form??? (spouse will still
> be "in status").
The fiance who enters on a K-1 visa only has status for 90 days. Additionally, the
requirements for obtaining the visa are that you promised to marry within that
timeframe.
> And what if the spouse is out of status for a couple of weeks and gets married
> then? Will the INS send her back to her home country?
>
Historically, they have allowed the spouse to file AOS, however the local INS office
may require an I-130 form. Personally, I would not chance it, not since 9/11. I'd get
married within the 90 days, even if it was just a simple court house ceremony to meet
the INS requirements. There is no sense in playing with fire at this stage of the
visa process. The attorney general seems to be given more powers every day that he is
in office...don't tempt fate, it's just not smart in this day and time.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> ...that's what it says on the I-129F, but what if we get married let's say after 4
> or 5 months instead of those 3? Will we need a different form??? (spouse will still
> be "in status").
The fiance who enters on a K-1 visa only has status for 90 days. Additionally, the
requirements for obtaining the visa are that you promised to marry within that
timeframe.
> And what if the spouse is out of status for a couple of weeks and gets married
> then? Will the INS send her back to her home country?
>
Historically, they have allowed the spouse to file AOS, however the local INS office
may require an I-130 form. Personally, I would not chance it, not since 9/11. I'd get
married within the 90 days, even if it was just a simple court house ceremony to meet
the INS requirements. There is no sense in playing with fire at this stage of the
visa process. The attorney general seems to be given more powers every day that he is
in office...don't tempt fate, it's just not smart in this day and time.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
Jun 2nd 2002, 12:37 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,388
Re: "if intend to marry within 90 days of arrival"
The K-1 visa mandates that you marry within 90 days of entry into the US. As long as you marry within that time you are fine. You can marry say day 89 and file for AOS on day 120 and still be okay.
However, if you do not marry by the 90th day you are out of status and if you marry the petitioner of the original I-129F you will now have to submit for I-130 along with the adjustment forms because you have not complied with the timeframe of the K-1 visa.
R
However, if you do not marry by the 90th day you are out of status and if you marry the petitioner of the original I-129F you will now have to submit for I-130 along with the adjustment forms because you have not complied with the timeframe of the K-1 visa.
R
Jun 2nd 2002, 6:20 pm
#4
Guest
Posts: n/a
Re: "if intend to marry within 90 days of arrival"
Foreign National coming on a K-1 and staying beyong 90 days will make the person go
out of status. Now the question is what happens after that. If the FN were to leave,
there will be a problem in the future to come back.
There is one helpful point here. INS excuses the FN's who are out of status when they
get married to US Citizen.
Now, you have to work out a plan that works for you. You may find the following
info helpful:
http://www.visapro.com/Fiance-Visa/K1-Fiancee-Visa.asp
http://www.apvisa.com/faq.html
Paul @ HelpDesk
out of status. Now the question is what happens after that. If the FN were to leave,
there will be a problem in the future to come back.
There is one helpful point here. INS excuses the FN's who are out of status when they
get married to US Citizen.
Now, you have to work out a plan that works for you. You may find the following
info helpful:
http://www.visapro.com/Fiance-Visa/K1-Fiancee-Visa.asp
http://www.apvisa.com/faq.html
Paul @ HelpDesk
Jun 3rd 2002, 4:20 am
#5
Guest
Posts: n/a
Re: "if intend to marry within 90 days of arrival"
The thing is, I'm not here on a K-1 visa but on B-2 - does that change anything with
that 90 days timeframe?
Thank you all for your help, I appreciate it.
Nadine
that 90 days timeframe?
Thank you all for your help, I appreciate it.
Nadine
Jun 3rd 2002, 4:20 am
#6
Guest
Posts: n/a
Re: "if intend to marry within 90 days of arrival"
ZareahUSA wrote:
> The thing is, I'm not here on a K-1 visa but on B-2 - does that change anything
> with that 90 days timeframe?
>
You are not subject to the 90 days. You can marry and file for adjustment, even if
you have fallen out of status (however that is not wise). Refer to the "tourist
adjustment" link on doc steen site. Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> The thing is, I'm not here on a K-1 visa but on B-2 - does that change anything
> with that 90 days timeframe?
>
You are not subject to the 90 days. You can marry and file for adjustment, even if
you have fallen out of status (however that is not wise). Refer to the "tourist
adjustment" link on doc steen site. Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
Jun 3rd 2002, 10:38 am
#7
Concierge
Joined: Apr 2001
Posts: 46,388
Re: "if intend to marry within 90 days of arrival"
Originally posted by Zareahusa
The thing is, I'm not here on a K-1 visa but on B-2 - does that change anything with
that 90 days timeframe?
Thank you all for your help, I appreciate it.
Nadine
The thing is, I'm not here on a K-1 visa but on B-2 - does that change anything with
that 90 days timeframe?
Thank you all for your help, I appreciate it.
Nadine
You can marry when you choose and file AOS whenever you like. Bear in mind that you should file befrore the 180th day after the expiration of your tourist visa. To file on the 180th day or afterwards means you are now on overstay and subject to a ban from entry to the US if you were to leave. Advance Parole should not be used if that were the case because it won't stop the ban process.
R
