K1 visa dead line

[Bonnie_Clyde4ever 0]

Hello,

In early July 2016, my fiancé received her K1 visa, which is valid for 6 months. Her visa expiration date is set for 7 December 2016. She is planning on arriving to the states in early October 2016. As soon as she arrives we are planning for the wedding and immediately submit all the necessary documents to apply for the US Residency card (Green Card). My main concern is her visa expiration date. Even though we have met the requirement of getting married within the 90 days of her arrival into the US and the documents for the Green Card have been submitted, will she have to return back to her country because her K1 visa has expired or can we apply for an extension for her visa to allow her to stay in the US until the Green Card paper work has been processed?

Please assist.

[EM_Vandaveer 2,364]

The visa is for entering the US. Once she enters, it's her I-94 that matters, which will allow her 90 days' stay. As long as she enters while the visa is still valid and marries you within 90 days, you are good to go. Once AOS is filed, a new period of authorized stay begins until it is adjudicated.

[JACinderella 0]

Normally your the fiance does not have to return their country. Once your applied for the adjustment of status you are OK. the expiration on her visa is for her travel from her country. Meaning she had six months to use the visa to travel to the US.

[LionessDeon 2,060]

No, once she is here and married that visa expiration date is pretty much moot and has nothing to do with filing AOS.

[Pennycat 880]

Hello,

In early July 2016, my fiancé received her K1 visa, which is valid for 6 months. Her visa expiration date is set for 7 December 2016. She is planning on arriving to the states in early October 2016. As soon as she arrives we are planning for the wedding and immediately submit all the necessary documents to apply for the US Residency card (Green Card). My main concern is her visa expiration date. Even though we have met the requirement of getting married within the 90 days of her arrival into the US and the documents for the Green Card have been submitted, will she have to return back to her country because her K1 visa has expired or can we apply for an extension for her visa to allow her to stay in the US until the Green Card paper work has been processed?

Please assist.

Dec 7 is the day she needs to use the visa by. Once she comes, she'll get a 90 day stay in which you must get married. After you're married, you file to adjust her status to that of a permanent resident, and that begins a period of authorized stay until they make a decision on her green card. So no, she doesn't have to go home.

As long as you marry and file to adjust status within those 90 days, she's never out of status. You *must* marry within 90 days or you'll have trouble adjusting status. You can wait a while (some people wait years) to apply to adjust status, but that's not really a great idea because she's got no status at the time. Not illegal/ not really "legal". It's a weird process.

[C-ma'am 684]

K1 visas a single entry; which means the visa ceases to be valid from the moment a foot is set on US soil.

To be able travel outside of the US, your then wife will have to apply to Adjust Status (Green Card) and also submit an request for EAD (work permit) and Advanced Parole (authorization to travel). If she leaves without Advanced Parole, she will not be able to return to the US until you file a spousal visa. The work permit and the authorization to travel will be granted before she ever sees a green card.

So... Do not let her leave before Advanced Paroled is granted, unless you really want to spend more money and wait more time to be together.

[Pitaya 2,576]

Dec 7 is the day she needs to use the visa by. Once she comes, she'll get a 90 day stay in which you must get married. After you're married, you file to adjust her status to that of a permanent resident, and that begins a period of authorized stay until they make a decision on her green card. So no, she doesn't have to go home.

As long as you marry and file to adjust status within those 90 days, she's never out of status. You *must* marry within 90 days or you'll have trouble adjusting status. You can wait a while (some people wait years) to apply to adjust status, but that's not really a great idea because she's got no status at the time. Not illegal/ not really "legal". It's a weird process.

A clarification is in order:

The USC petitioner and the foreign fiance(e) beneficiary must marry within 90 days of the beneficiary's entry to the US. This is specifically mentioned in the Form I-129F petition certification:

I certify that I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States.

REF: Page 6 of the Form I-129F: https://www.uscis.gov/files/form/i-129f.pdf

There is nothing stated in the AOS instructions about "having trouble adjusting status if started after the 90 days":

1. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

REF: Page 1, Form I-485 instructions: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

It is a general forum recommendation to start the AOS as soon as possible after the USC and foreign fiance(e) get married in the USA. The numerous reasons for this recommendation can be easily found the multiple pertinent postings in the AOS forums: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

Good luck on your immigration journey.

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry about that stage of the process~

[Pennycat 880]

A clarification is in order:

The USC petitioner and the foreign fiance(e) beneficiary must marry within 90 days of the beneficiary's entry to the US. This is specifically mentioned in the Form I-129F petition certification:

REF: Page 6 of the Form I-129F: https://www.uscis.gov/files/form/i-129f.pdf

There is nothing stated in the AOS instructions about "having trouble adjusting status if started after the 90 days":

REF: Page 1, Form I-485 instructions: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

It is a general forum recommendation to start the AOS as soon as possible after the USC and foreign fiance(e) get married in the USA. The numerous reasons for this recommendation can be easily found the multiple pertinent postings in the AOS forums: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

Good luck on your immigration journey.

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry about that stage of the process~

That's what I said. I said you have trouble with AOS if you marry after the 90 days. Not if you don't file in 90 days.

We waited almost 3 months after marrying to file. It's not recommended but it happens and it's not against the rules. But you don't have any status. You're in a weird gray area and you're putting off that which you need to do anyway.

[Bonnie_Clyde4ever 0]

Thank you everyone for the great information. This makes me feel so much better. I am glad we have this great online community to assist.

Thanks again.

[Loki_Go 126]

We also waited 3 months to file for AOS so we could have some evidence and I could get my social security number and bank account. Before we filed for AOS we had a joint bank account and joint lease, and we also added each other as authorized users on our respective credit cards. In my opinion your fiancee should get her SSN as soon as she can before she gets married... there are instructions here on how to get it done. It's perfectly OK to take some time to get things in order before sending in your AOS.

[kris&me 572]

Visa expires 6 months after the medical exam not the day visa was issued

just to let you know

some do not realize this

[Cathi 5,609]

Visa expires 6 months after the medical exam not the day visa was issued

just to let you know

some do not realize this

The expiration of the medical is reflected in the expiration date of the visa, she stated the visa expires December 7. They won't issue a visa with a date beyond what the expiration of the medical is.