Sophisgent

Hypothetical:
K1 visa holder and fiance marry on day 88 of 90 day visa period.

Question 1:
How long is allowed for AOS, AP & EAD to be filed after completion of marriage?
Does anybody have anything official from BCIS on this? I have heard within 90
days of completing marriage.

Question 2:
When is marriage complete?
Upon the performace of the ceremony?
Upon issuance of the marriage certificate(not license) by the Clerk?
Upon recording the marriage license when returned to the Clerk signed by the
person performing the ceremony?

simon bland

I think that AOA,EAD Etc, can be filed at anytime, just bear in mind that if it is filed 181 days over the 90day from admission, then the holder is subject to a bar if he/she travels out of the US

The marriage is normally official and final upon conpletion of the ceramony.

I am not a lwayer and any information given is based purely on my experience or readings of newsgroups

Barry

    >The marriage is normally official and final upon conpletion of
    >the ceramony.

Not until the orginial marriage certificate is in your hands, according to the
BCIS

Mrtravel

Barry wrote:
    >>The marriage is normally official and final upon conpletion of
    >>the ceramony.
    >
    >
    > Not until the orginial marriage certificate is in your hands, according to the
    > BCIS

I don't know about that. I thought the original gets filed with the
County Recorder or equivalent (in NV, I don't know about other states)

Like your birth cert, you can get copies, but never actually keep the
originals.

Folinskyinla

HI:

Answer #1 -- the marriage must take place within 90 days. The adjustment can be filed at any time thereafter. However, as someone pointed out, if you file after day 270, you will have accumulated 180 days of unlawful presence which will preclude travel on advance parole.

Answer #2 -- depends upon the law of the state of "celebration" of the marriage. I know that in California, the marriage is complete upon performance of the ceremony after issuance of the license. Mere issuance of the license does NOT constitute a marriage. If the license is issued, the ceremony performed and the paperwork completed, you are married. This is true even if there is a failure to record the marriage for some reason. The Calif. statute provides for correcting failure to record. If there is a failure to record and one spouse refuses to participate in joint procedures for correction, the other spouse can go to court for a declaration of validity of the marriage.

Good luck.

ScarlettHill

The fact is on day 90 (or is it 91?) you will no longer be here legally because your visa waiver period is up and you don't have leave to remain. Getting married does not confer automatic leave to remain. So the SAFEST thing to do at that point is file AOS the moment you have the marriage recorded (in Dallas you can take your certificate into the office by hand and get it recorded and copies made on the spot). If you live somewhere where they let you file AOS papers in person, do it immediately. If you have to wait for the post it is going to be stressful - some people wait months to have their application acknowledged. Once you have an AOS receipt notice you have leave to remain while AOS is pending. But until BCIS have your application and acknowledge such, your position is shakey, were it to be checked by anyone official. The thing to do at that point would be to explain you have sent in papers to BCIS and hope for the best. If you have to post, make sure you send stuff by a method that leaves you with at least a posting receipt. And don't forget to make photocopies of everything you send.

People do file late and do get away with it but that's no guarantee for you. My advice: move fast to reduce the stress factor.

Regards
-=-
Scarlett

Sophisgent

Hi Scarlett,
Are you winging it or do you have some authority to back up what you are
saying???
You say, <<The fact is on day 90 (or is it 91?) you will no longer be here
legally because your visa waiver period is up and you don't have leave>>
Where are you getting this from? The K1 visa is for 90 days. If you marry
before the 90 days is up, then you have fulfilled the requirements of the k1
visa. Where is the authority saying you have to file AOS before the 90 days
expires???? I cannot find any. If you know of some, I would like to see it.
You say <<Getting married does not confer automatic leave to remain.>>
I agree with this statement. The Adjustment of Status is the process where a
non-immigrant visa holder transitions to an immigrant visa and the Adjustment
of Status is the method this is done. So we are back to when, if any, is the
requirement by which Adjustment of Status must be filed with BCIS?
You say <<But until BCIS have your
application and acknowledge such, your position is shakey, were it to
be checked by anyone official.>>
"Shakey"???
What is your authority for the preceding statement? If there is no exact
deadline other than day 270, how are you coming up with 'your position is
shakey'? Any authority or any knowledge of cases where this has occurred? If
you send the AOS to the BCIS by post or courier such as Fed Ex, surely you
would obtain return receipt requested and document the sending of the AOS?
You say <<People do file late and do get away with it but that's no guarantee
for
you.>>
You use the word "late". Again, what is your authority for "late"?
Is there any regulation or guideline which says the AOS must be filed within 90
days of a K1 visa holder entering the U. S.? Do you know of any instance where
the INS/BCIS has taken a position on this?
Thanks,
Sophis
p.s.