We Married After The 90 Day K-1 Visa Requirement. What Are The Consequences?
The major requirement for the K-1 Visa is that you must marry within 90 days of the foreign fiance(e) entering the United States. As soon as you get the stamp on your passport at the port of entry the clock starts ticking!
It is up to you and your fiance(e) to remember this deadline and make sure that you plan your wedding within these guidelines. However, many people do not feel this is enough time to prepare for a wedding.
One option you have is to go to the courthouse and get legally married as soon as possible and then plan a nice wedding ceremony at a later date.
If you missed the 90 day requirement for the K-1 Visa, you have a problem! Your foreign fiance(e) will now be out-of-status and is illegally in the United States. If the foreign fiance(e) is caught, they may be subject to deportation so this is a serious situation that needs to be corrected by getting married as soon as possible!
Can We Apply For AOS If We Marry After The 90 Days?
Yes. You can still apply for Adjustment of Status (AOS) if you marry after the 90-day requirement but you will need to include form I-130 (Petition for Alien Spouse) with it because you no longer qualify to adjust based on the K-1 Visa.
There will be an additional fee of $420.00 (on top of the $1,070.00 for the AOS) required for the I-130 Petition for Alien Spouse but the process is generally the same and you will not be penalized for applying for Adjustment of Status after your K-1 Visa has expired. The important thing is that you have now gotten married and are applying for AOS.
This will cause a delay in getting your EAD card, green card and a state driver’s license but it is best to submit the AOS and I-130 forms as soon as possible.
We Can’t Afford The I-485 Adjustment Of Status Fee, Can We Get This Fee Waived?
If you are worried about the cost of the Adjustment of Status paperwork (currently $1,070), you can see if you meet the criteria for the AOS fee waiver. The USCIS requires that you show extreme hardship and not just unemployment or no savings to qualify for the AOS fee waiver.
AOS Fee waiver is available for the I-485 only under certain circumstances:
An alien in lawful nonimmigrant “T” status (victims of human trafficking)
- An asylum status seeker applying for adjustment of status
- An approved self-petitioning battered or abused spouse or child of a United States citizen or lawful permanent resident under the Violence Against Women Act (VAWA)
- An alien who is excluded due to the likelihood of becoming a public charge, does not apply, including:
- Applications for Special Immigrant-Juveniles
- Applications based on the Cuban Adjustment Act, Haitian Refugee Immigration Fairness Act (HRIFA), and the Nicaraguan Adjustment and Central American Relief Act (NACARA)
Whatever the reasons for not getting married within the 90 day deadline and not applying for AOS on time, you must apply as soon as you possibly can. There is no reason to wait and risk the consequences of deportation of your fiance(e).