Tomnjerry527

I am sorting through all this and I am a little confused.

Thanks for all the help! My fianc�e entered the US last week from Brazil.

Am I correct that we must marry within 90 days, but the filing for
adjustment is not required within the 90 days?

tom

Alex Clark

Hi Tom,

Assuming your fiancee entered on the K1 visa then yes, you definitely have
to get legally married within 90 days.

As for the AOS, I'm not 100% clear on the details of that but my
understanding is that you can apply for that as soon as you want. I think
you do have to get the AOS done before the 2 year anniversary of their entry
into the US is past. I'm sure somebody else on here can be more specific
than me on that one however.

Kind Regards,
Alex



"tomnjerry527" <[email protected]> wrote in message
news:[email protected]...
    >I am sorting through all this and I am a little confused.
    > Thanks for all the help! My fianc�e entered the US last week from Brazil.
    > Am I correct that we must marry within 90 days, but the filing for
    > adjustment is not required within the 90 days?
    > tom
    >

Martijn

The filing should be done as soon as possible after your marriage.
After the 90 days, your fiance will be 'out of status' untill the AOS
request is received by USCIS. This is in general not a big deal as long
as her overstay is no more than a couple of days to a few weeks.

If you want to be 100% safe, file within the same 90 days, but don't
make a big deal out of it if you can't make that timeline. I never
heard a story hear where someone overstayed for a short period and got
into trouble over it. At worst, the officer at the interview might roll
his/her eyes at you, but that's about it, and in most cases the issue
doesn't even come up.

Just Jenney

Yes -- however, even though it is not required to file for AOS within the same 90 days, it is preferable. If that's not possible (for some it's not; it wasn't for us), then do so as soon as possible.

~ Jenney

meauxna

hi Alex,
You have a couple of terms mixed up that led to your confusion.

A K-1 has 90 days from entry to marry their USC petitioner. They should also file to adjust status within that 90 days as a best-case.

If a couple has been married for less than 2 years *at the time Permanent Resident status is granted* the immigrant is given Conditions on their status. They are required to *Remove Conditions* 2 years *after* they receive their PR status (green card).
For K-1s, that will not match up with an entry to the US date.
People who enter on Immigrant Visas (CR/IR) *will* match up with that entry date, because they receive PR status when they enter.

"Removing Conditions" is a very different critter than Adjusting Status, although lots of people mix them up.

Noorah101

Hi Tom,

You must get married within the 90 days. But be aware that the longer you put off AOS, the longer it will take to get her work authorization, which may also delay getting her State ID or drivers license. Don't forget to apply for her SS card about 10 days after her arrival, but before you actually get married. It moves more quickly that way.

Best Wishes,
Rene

Alex Clark

Hi meauxna,

Thanks for clearing that up, I'm still a bit hazy on some of the K1
conditions and this NG has been fantastic in making it clear. I knew the 90
days featured in there for the marriage terms, it's just the
condition-removal and AOS that I've found confusing. Well, not just that,
but you know what I mean! :-)

Kind Regards,
Alex



    > A K-1 has 90 days from entry to marry their USC petitioner. They should
    > also file to adjust status within that 90 days as a best-case.
    > If a couple has been married for less than 2 years *at the time
    > Permanent Resident status is granted* the immigrant is given Conditions
    > on their status. They are required to *Remove Conditions* 2 years
    > *after* they receive their PR status (green card).
    > For K-1s, that will not match up with an entry to the US date.
    > People who enter on Immigrant Visas (CR/IR) *will* match up with that
    > entry date, because they receive PR status when they enter.
    > "Removing Conditions" is a very different critter than Adjusting Status,
    > although lots of people mix them up. :)
    > --
    > Posted via http://britishexpats.com

Jacob24

I too am married to a brazilian via K-1 VISA. Dont forget your original marriage certificate when filing AOS.

Noorah101

If you're going to send an original when filing AOS, make sure you have more than one original, so you will still have an original for yourself. We sent in a photocopy of the certified marriage certificate, and brought the original to the interview.

Rene

Tomnjerry527

Thanx Jacob.

If you have done the AOS thing, I am sure that you will be a big help, if
you want to be.

Any web pages with any useful info. The visa journey seems to end with the
K-1 visa, and does not go into the AOS.

tom

"Jacob24" <member28128@british_expats.com> wrote in message
news:[email protected] m...
    >> I am sorting through all this and I am a little confused.
    >> Thanks for all the help! My fianc�e entered the US last week
    >> from Brazil.
    >> Am I correct that we must marry within 90 days, but the filing for
    >> adjustment is not required within the 90 days?
    >> tom
    > I too am married to a brazilian via K-1 VISA. Dont forget your original
    > marriage certificate when filing AOS.
    > --
    > Posted via http://britishexpats.com

Noorah101

Hi Tom,

Here's the link for the rest of the procedure: http://www.uscis.gov/graphics/howdoi/LPRApplication.htm

Best Wishes,
Rene