My happy day

[roykirk]

6 months after meeting, I finally asked my gf if she would marry me, and she said yes.     She just left to return home after spending a month here with me in the U.S. on a tourist visa.  Now we have a couple of months before my next visit back to her city.  It was wonderful to see her reaction to so many new things on her first visit to the U.S.  Among my favorites:

1.  While giving her driving lessons one day:

Me (upon noticing she's driving 45 mph in a 25 mph zone):  Honey, you need to slow down a bit
Her:  Why?
Me:  Because the speed limit is 25.
Her:  Are there any police around?
Me:  Well no, I don't see any.
Her:  Following the rules all of the time is boring! 

(When she moves here, I can see I'll be paying for lessons.  Even though she has an international license, my nerves can't handle teaching her the ropes).

2.  Trying to explain to her that we really can't (or at the very least shouldn't) get married on her B-2 tourist visa ("we could have a year to live together and plan our wedding, why must we be restricted to 3 months?").  I had a hell of a time explaining the necessity of going back home and jumping through all of the visa hoops for a K-1. 

3.  Her worrying about how eating ice cream and then sitting in my air conditioned car were going to make her sick.  My brother (a physician), had a wonderful time teasing her about this, but she did develop a sense of humor about it.

4.  Her endless amazement at the self-scanning lines at the grocery store.  She couldn't figure out why we (or any store in Russia) had the need for cash register clerks with such an invention.

Anyway, I'm a happy man.  I am seeking one bit of advice.  Due to work commitments for both of us, we'd like to plan her arrival here for around early next summer (as much as that's possible).  When would/should we submit paperwork so that we might make it happen as closely as possible to that time?

[KenC]

CONGRATS!!!!!!!!!!!

[Jumper]

congratulations!


3.yes cold iced drinks can kill



on the timing,
i think thats hard t oplan agaisnt the INS red tape shuffle


we married (in he country) and she still lived there,
 even after her visa was approved..
untill we decided was the proper timeframe  to relocate .

i would think there is a window of time to travel/use most any spouse or marriage visa,,
,,and it is probably large enough to accomadate the span you are looking at?
 
most people relocate almost immediately,
but i do no belive it is a requirement of the visa..

 Just check the BCIS/INS website for details of how/when it can be used?

[dispozo]

Start your K-1 now....

When approved her K-1 visa is valid for 6 months.  I have seen from 5 months to a lot longer processing time on  http://www.visajourney.com/faq/k1k2visa-aos.html. It is a great source of information.

I will send my out this week!!!!

Congratulations and Good luck!!!!

[msmoby_ru]

Hi there,

We've "followed" you to Italy and now read of your FIANCE's visit to your home - Best of luck for the future...

Mark and Veta

[roykirk]

Thanks everyone.  I'm glad to know the K-1 is good for 6 months after it's awarded.  For some reason, I thought you had 3 months to get married from the time it was awarded.  It looks like we've both got some studying to do and lots of paperwork to put together. 

[ConnerVT]

The marriage needs to take place within 90 days of her entry into the USA.

[AnastassiaAsh]

After your fiancee gets visa in her passport, she has 6 months to make a trip to the US. As soon as she steps on the US soil, 90 days start ticking within which legal marriage should take place PLUS filing of AOS (it can take several weeks to gather all the docs).

So timewise the faster you get legally married the better (paper) - wedding can happen any time after that, USCIS won't care. Those who are thinking about prenups should start talking about it even sooner, almost within first month of her stay...

[ConnerVT]

You may file AOS after 90 days without issue.  What is important is the date on the marriage certificate as to when the marrage took place.

Also, I suggest getting a few copies of the marriage certificate (with the official's notary).  Then send one off to an apostile.  You will likely need it at some point.

[steviej]

And don't forget - iced drinks can and do kill !!   

[UTRO]

Congrats to You and Oksana Roykirk!! 
One question about the Tourist Visa to the USA she obtained. Was your name and relationship ever mentioned? Were 'you' her Tourist Destination.... or was there an actual Tour Reserved and later Cancelled, once she received her Visa?

[roykirk]

Congrats to You and Oksana Roykirk!! 
One question about the Tourist Visa to the USA she obtained. Was your name and relationship ever mentioned? Were 'you' her Tourist Destination.... or was there an actual Tour Reserved and later Cancelled, once she received her Visa?

Yes, my name was mentioned, although our "relationship" was fudged a bit.  I wrote a letter of invitation saying that she was a "friend" that I had invited to visit the United States.  I didn't want to do the whole tour thing and then worry about canceling it.  I decided that honesty (or at least a close form of it) was the best policy.  I've heard some people say the letter of invitation isn't even required or that they don't even look at it, but I thought it couldn't hurt.  As it was, she said they spent all of about 30 seconds glancing over the meticulous paperwork she prepared and spent the 5 minute interview asking her vague questions about her education and stuff she said didn't even seem relevant.  The background she had that seemed to be the ticket to a tourist visa was:

1.  Owns her own place (I've heard a car can substitute here)
2.  Full time job and history of full time employment
3.  Close family remaining in Russia
4.  Bank account statements showing some decent money stockpiled
5.  History of travel to other countries (she had two Shengen visas)

All of the rest, including what she was doing in America and who she was visiting didn't seem to matter much to them.  If you follow my thread about the process in the visa forum, you'll see that they made her jump through one more hoop, which was basically to FAX them a copy of her formal employment resume' before they would give her the visa. 

[UTRO]

Yes I followed that Thread Excellent! Good to hear things went so relatively smooth!

[MaxxumUSA]

Roy,

Start K-1 immediately.   Yesterday, if not sooner.  Trust me on this one.  You may think it best to wait but soon you will both want to just be together.  Waiting for someone else to tell you that this is allowed is torture.

As for the speeding issue...  My wife was driving an old Lada in russia.  When she came here she first found herself driving way over the speed limit because the new car and american roads were so quiet and smooth.  In order to get the same sounds/feel of driving the speed she had to go fast.

After 4 months of me telling her to slow down she got used to it and slowed down.  OF COURSE she got a speeding ticket and that helped my case a lot.

- Maxxum

[Shadow]

Roykirk congrats to your wife-to-be on a great catch. 

[roykirk]

Oh yeah, by the way, what's the deal with not using dish soap (or very little if it is used) when washing dishes?  I noted this several times; quick rinse and in to the dish rack.  When she wasn't paying attention, I'd wash them again or slip them in to the dishwasher.  I cook a lot of chicken, and I sense a bad case of a Salmonella in my future.   

[groovlstk]

I cook a lot of chicken, and I sense a bad case of a Salmonella in my future.   

This is an ongoing debate in our home, the first time my wife saw me wash my hands several times when preparing some good ol' buttermilk fried chicken, she called me a p*ssy and compared me to Howard Hughes

Then again, when I think back to the chicken meals my parents and grandparents prepared - before people became obsessed with sanitation - I never remembering anyone getting sick...

[roykirk]

Ah, true words.  But I guess I inherited my clean freakishness from my mother, who always warned of pestilence and eventual death if I didn't immediately sanitize anything that had raw beef, chicken, or fish on it.   

[MaxxumUSA]

Oh yeah, by the way, what's the deal with not using dish soap (or very little if it is used) when washing dishes?  I noted this several times; quick rinse and in to the dish rack.  When she wasn't paying attention, I'd wash them again or slip them in to the dishwasher.  I cook a lot of chicken, and I sense a bad case of a Salmonella in my future.   

Having been with a few women in my life I would say this is not a RW/AW thing.  I have been with AW that don't use or do use a lot of soap.  I only have experience with one RW and she does use normal amounts of dish soap.

My wife reminds me to wash my hands before we eat or before I prepare food.  I just roll my eyes but proceed to do as she asks without debate.  lol

[Misha]

Oh yeah, by the way, what's the deal with not using dish soap (or very little if it is used) when washing dishes?  I noted this several times; quick rinse and in to the dish rack.  When she wasn't paying attention, I'd wash them again or slip them in to the dishwasher.  I cook a lot of chicken, and I sense a bad case of a Salmonella in my future.   

Well, taking my mother's advice to heart, my wife trained me to do my share of housework, including washing dishes. I likely wash most of the dishes and she lets me use as much dish soap as I want  I am, however, continually reminded to wash my hands, even when I consider that I did nothing that would actually have gotten them dirty  ???

[AnastassiaAsh]

You may file AOS after 90 days without issue.  What is important is the date on the marriage certificate as to when the marrage took place.

Also, I suggest getting a few copies of the marriage certificate (with the official's notary).  Then send one off to an apostile.  You will likely need it at some point.

Here is what i found on VisaJourney website

http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

• K-1 visa recipients are in
valid status for only 90
days and may not extend
their status.  K-1 visa
holders should marry and
file adjustment of status
within 90 days after entry
into the US.

Also i found this here http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

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.
back

[ConnerVT]

What you found is correct, but doesn't exactly answer the original question.  The most important part of what you found is this:

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.
back

The issue is mainly an administrative one.  There is really no negative effect in the processing of the AoS for the Conditional Resident Alien card if the application is received by USCIS more than 90 days after the I-94 was issued.  The main thing that USCIS is looking for is that the marriage was performed (possibly, it may be when it was recorded) within 90 days of the I-94 issuance.

Of course there are other issues with waiting.  Technically, the K-1 holder is out of status (in the country illegally) between the time that the I-94 expires and the AoS application is recorded as received by the USCIS.  But seeing that there aren't teams of agents sweeping the streets of the USA of illegal aliens, for 99.9999% of the people, filing the AoS a little late won't be an issue.

Filing in a timely manner has several positive aspects, that there really isn't any reason not to.  Besides getting the clock started towards receiving the Resident Alien status (and card), it now includes Advance Parole and Employment Authorization Document, allowing the person to travel out of the USA, obtain employment, open financial accounts, obtain a SS#, and generally secure their ability to remain in the USA if something catastrophic might happen to their spouse.

So filing for AoS after the 90 expiration of the I-94 really won't affect the processing of the application.  I can how, in some cases, this may be necessary if the wedding is planned close to the 90 day expiration, and people need time to complete the application and fund it.

But I do recommend it be done as soon as possible.

[MaxxumUSA]

We filed our AOS about 2 months later than the 90 days on K-1.  We married almost at the end of the 90 days.  There were no problems with the AOS application process.

As stated by others the issue is technically she is in limbo when you don't file on time.  You will have a problem with this if you want to travel outside the USA or if she wants to work legally during this time.  My wife did not travel outside USA or work so it was not an issue for us.

- Maxxum

[BC]

Oh yeah, by the way, what's the deal with not using dish soap (or very little if it is used) when washing dishes?  I noted this several times; quick rinse and in to the dish rack.  When she wasn't paying attention, I'd wash them again or slip them in to the dishwasher.  I cook a lot of chicken, and I sense a bad case of a Salmonella in my future.   

Salmonella is a spice.. it cleans the digestive tract both ways rather nicely.

I cringed early on.. now I prepare (help) cutting up the chicken and such, especially when visitors are expected.

Thawing frozen meats and fish in the fridge instead of kitchen sink is the norm now.. -patience guys.. it takes a few years.

[Faux Pas]

Salmonella is a spice.. it cleans the digestive tract both ways rather nicely.

I cringed early on.. now I prepare (help) cutting up the chicken and such, especially when visitors are expected.

Thawing frozen meats and fish in the fridge instead of kitchen sink is the norm now.. -patience guys.. it takes a few years.

Just for clarification. There is nothing spicy about salmonella poisoning  I had a near fatal dose several years ago. It was ugly and no fault of my own. Salmonella is actually covering most poultry and eggs in a very weak form. Some instances are higher. It is very easy to avoid by washing the meat in high hot water temps (even eggs) and all surfaces and utensils that had contact even of secondary contact with hot soapy water. It is a surface bacteria.

The USDA has approved a "nuking" treatment with laser to kill ecoli and salmonella in vegetables. Of course the Organic industry is shitting some bricks over it