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How does USCIS calculate 90 days- is it calendar days?

#1 meuy99

meuy99

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Posted 16 November 2013 - 12:33 PM

Sorry, this may be a dumb question, but nevertheless, I'm curious.   Does USCIS count the 90 days as calendar days, for instance, our wedding date is set for July 12, 2014 and I'd really like my fiance to be here on April 12, 2014 because it's my niece's bday and a good chance for him to meet the family.  But if I count 90 calendars, he'll have to be here April 14th and not april 12th.  But if we're looking at months, 3 months from July 12th would be April 12th.  Does that make sense?  Of course I'd rather have him miss the birthday party so he can actually be here for the wedding, but if I can have my cake and eat it too, life would just be so much better :)

 

Can anyone confirm for me?  Thanks!


  • 0

AOS Timeline

8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)

8/15/14- notified via text and email that application was accepted on 8/12 and being processed.

9/8/`4- Biometric done

 

K1 Timeline

8/16/2013   I-129F Sent via UPS to Lewisville, TX                                                9/25/2013    Hard copy of NOA 2 received dancin5hr.gif

8/19/2013   I-129F CSC Received                                                                        10/29/2013  Got email from NVC with case number (NVC rec'd)

8/20/2013   NOA1                                                                                                 10/30/2013  Left NVC

8/22/2013   Notice that Alien Registration Number was changed                        11/04/2013  Consulate Rec'd

8/26/2013    NOA1 Received by mail                                                                    11/12/2013  Packet 3 rec'd   

9/20/2013    Email notice of NOA2 (31 days)

 

02/04/2014  After many months of waiting and frustration, FI finally                                02/18/14   Police Clearance rec'd

got his birth certificate, passport and police clearance from his home                              2/20/14-   Second packet 3 sent to consulate

country and we received an SMS today stating that his SA Police Clearance                  2/27/14    Followed up with Consulate to get interview date.  They schedule an interview

was finalized.  The SA Police Headquarter said that processing took longer                                   for 2/20 when he submitted the application of readiness (what we had to do to  

than normal because of a prior conviction (long story- basically a non issue).                                 extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.  

The NOA2 expired on Jan 20th, but we hope that the consulate extended                      3/27/14-  Interview- APPROVED!!!

it since we informed them of the delay and returned packet 3 per their instructions.        4/10/14- FI entered US via LAX and flew to SF

                                                                                                                                           6/14/14- Civil Ceremony


#2 Yang-Ja

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Posted 16 November 2013 - 12:39 PM

90 calendar days, not 3 months. Sorry.
If he enters without intent to marry and adjust status within 90 calendar days, he will be refused entry and sent on a plane back to Joburg. I know it seems like a technicality, but the rules are very specific, and the system is very bureaucratic.

Edited by Yang-Ja, 16 November 2013 - 12:45 PM.

  • 0

Filing for ROC with divorce waiver


#3 A&B

A&B

    鸳鸯鸟



Posted 16 November 2013 - 12:46 PM

Consult the DOS Nonimmigrant K-1 Visa FAQs for more information:

 

http://travel.state....types_2994.html


  • 0

"Si vis amari, ama" - Seneca

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#4 A&B

A&B

    鸳鸯鸟



Posted 16 November 2013 - 12:53 PM

90 calendar days, not 3 months. Sorry.
If he enters without intent to marry and adjust status within 90 calendar days, he will be refused entry and sent on a plane back to Joburg. I know it seems like a technicality, but the rules are very specific, and the system is very bureaucratic.

 

I believe that you are not entirely correct.

 

From the DOS FAQs:

 

 

Overview: What Is a K-1 Visa?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

 

However, there is no definite time requirement to apply to adjust status (AOS). It is usually recommended by most folks on this site to start the AOS process as soon as possible after marriage. Check out the numerous threads that have been posted on this subject through the use of the forum's Google search function.

 

Additionally, review the VJ site's K-1 AOS FAQs for more information:

 

http://www.visajourn...sa-aos.html#6.1


Edited by A&B, 16 November 2013 - 12:59 PM.

  • 0

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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Spoiler

 

 

 

 

 

 


#5 CDN(ON)-USA(VT)

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Posted 16 November 2013 - 01:10 PM

OP, just to clarify, your wedding is set for July 12, 2014, but you would like your fiance here for April 12, 2014? If this true, you and your fiance need to marry within 90 days of his entry or else you have to file a I-130 concurrently with an I-485 as you did not get married within the 90 days. Am I correct if the above is the situation A&B?


  • 0

AOS

June 11, 2013:Sent in AOS/EAD/AP

June 17, 2013:Received text that AOS/EAD/AP accepted
June 22, 2013:NOA1's for AOS/EAD/AP received in mail dated for June 17th
June 24,2013:Biometrics Appt Recieved July 5, 2013

Aug 27, 2013: Case Status:EAD/Combo Card is in production, AP approved

Aug 28, 2013: Case Status:Approval of AP/EAD

Aug 30, 2013: Case Status: EAD/Combo card in production

Sept 3, 2013:Case Status: Combo card mailed

Sept 6, 2013: Combo card received in mail

Oct 21, 2013: Received "Potential Interview Waiver Case" letter dated Oct 16
Nov 6, 2013:NOA2 Approved AOS (no interview)

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ROC

Apply for ROC after August 8, 2015

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XXX,XX, 2015: Received Text that ROC accepted

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"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth [a]that comes from the full assurance of understanding." -Colossians 2:2-


#6 Yang-Ja

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Posted 16 November 2013 - 01:27 PM

 
I believe that you are not entirely correct.
 
From the DOS FAQs:
 
However, there is no definite time requirement to apply to adjust status (AOS). It is usually recommended by most folks on this site to start the AOS process as soon as possible after marriage. Check out the numerous threads that have been posted on this subject through the use of the forum's Google search function.
 
Additionally, review the VJ site's K-1 AOS FAQs for more information:
 
http://www.visajourn...sa-aos.html#6.1

While very few people ever encounter any trouble by filing for AOS after day 90, the alien is, on paper, unlawfully present on day 91 if AOS has not yet been filed. I don't know how the CBP would handle a K-1 visa holder if it is evident that this person does not intend to AOS within 90 days. In that case, they would be admitting a person whom they know will at some point be unlawfully present.

What is clear, is that the OP's fiance will not be admitted if the wedding is on day 92.

Edited by Yang-Ja, 16 November 2013 - 01:32 PM.

  • 0

Filing for ROC with divorce waiver


#7 A&B

A&B

    鸳鸯鸟



Posted 16 November 2013 - 01:28 PM

Yes, If the marriage occurs after 90 days, then the spousal visa scenario comes into play. Refer to numerous forum threads for details about those , and other situations.

 

Like many things, the devil is in the details. The DOS FAQs specifically mention that the foreign-finace(e) must get marry the US citizen-sponsor within ninety (90) days of arrival into the US. There is no mention of months, it is counted in days. 

 

It is recommended that the AOS process be started as soon as possible after the marriage. By way of example, you can see from our signature that we submitted our AOS applications/packets approximately eighteen days after we got married. There can be consequences if the AOS process is not initiated promptly. Refer to numerous forum threads for details about those issues.

 

 


  • 0

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Spoiler

 

 

 

 

 

 


#8 meuy99

meuy99

    Member

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Posted 16 November 2013 - 01:39 PM

Thank you all for your responses.  No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame.  The devil is in the details, so better safe than sorry.  Thanks!!!


  • 0

AOS Timeline

8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)

8/15/14- notified via text and email that application was accepted on 8/12 and being processed.

9/8/`4- Biometric done

 

K1 Timeline

8/16/2013   I-129F Sent via UPS to Lewisville, TX                                                9/25/2013    Hard copy of NOA 2 received dancin5hr.gif

8/19/2013   I-129F CSC Received                                                                        10/29/2013  Got email from NVC with case number (NVC rec'd)

8/20/2013   NOA1                                                                                                 10/30/2013  Left NVC

8/22/2013   Notice that Alien Registration Number was changed                        11/04/2013  Consulate Rec'd

8/26/2013    NOA1 Received by mail                                                                    11/12/2013  Packet 3 rec'd   

9/20/2013    Email notice of NOA2 (31 days)

 

02/04/2014  After many months of waiting and frustration, FI finally                                02/18/14   Police Clearance rec'd

got his birth certificate, passport and police clearance from his home                              2/20/14-   Second packet 3 sent to consulate

country and we received an SMS today stating that his SA Police Clearance                  2/27/14    Followed up with Consulate to get interview date.  They schedule an interview

was finalized.  The SA Police Headquarter said that processing took longer                                   for 2/20 when he submitted the application of readiness (what we had to do to  

than normal because of a prior conviction (long story- basically a non issue).                                 extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.  

The NOA2 expired on Jan 20th, but we hope that the consulate extended                      3/27/14-  Interview- APPROVED!!!

it since we informed them of the delay and returned packet 3 per their instructions.        4/10/14- FI entered US via LAX and flew to SF

                                                                                                                                           6/14/14- Civil Ceremony


#9 A&B

A&B

    鸳鸯鸟



Posted 16 November 2013 - 02:26 PM

While very few people ever encounter any trouble by filing for AOS after the 90, the alien is, on paper, unlawfully present on day 91 if AOS has not yet been filed. I don't know how the CBP would handle a K-1 visa holder if it is evident that this person does not intend to AOS within 90 days.

What is clear, is that the OP's fiance will not be admitted if the wedding is on day 92.

 

The CBP's initial involvement is somewhat limited to accepting and processing the foreign fiancé(e) with their K-1 visa and associated paperwork at the POE;  unless at the POE, the foreign fiancé(e) declares that they do not intend to marry their US citizen/sponsor as required by the terms of the K-1 visa. I am not sure if that has happened very often. 

 

By way of example, at my then-fiancée's POE, she was asked/instructed by the CBP officer to get married within 90 days of arrival and to complete her processing. Check our signature line to see when we started the AOS process.

 

The CBP will not know if and when the USC-sponsor and the foreign-fiance(e) will get married. That fact will become evident to DHS when the AOS applications/paperwork is submitted to USCIS.  The AOS application will likely be denied by USCIS if the marriage occurs after 90 days.  Review the pertinent VJ FAQs: http://www.visajourn...k2visa-aos.html

 

One possible secondary scenario that could involve the CBP is if the couple had gotten married within the 90-day period, yet had not started the AOS process and the alien-spouse's Form I-94 had expired, and subsequently was stopped by a CBP officer, at a roving inspection station (there are forum threads of those types of operations occurring along the southern US border area), the alien-spouse may be detained by the CBP for further processing, that may include deportation. There are numerous variations of this scenario, the end result is usually more trouble and hassles for the couple.


Edited by A&B, 16 November 2013 - 02:27 PM.

  • 0

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Spoiler

 

 

 

 

 

 


#10 KayDeeCee

KayDeeCee

    Also known as Jay-Kay



Posted 16 November 2013 - 05:08 PM

Thank you all for your responses.  No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame.  The devil is in the details, so better safe than sorry.  Thanks!!!

 

You could have come in April, then get married at the courthouse just to satisfy the obligation to marry within 90 days, then have your wedding ceremony as planned, just no need for the license at the wedding since you will already be legally wed.

 

 

Also, as to the above stuff about being sent home, the CBP would not know if the K-1 entrant would be marrying for sure in the 90 days, and there is no deadline or requirement to also file for AOS within those same 90 days, so there is no issue about being sent back home upon entry because of that. And, if they married after the 90 days, they could still file for AOS, but would need to file the I-130 in order to be eligible.
 


Edited by Jay-Kay, 16 November 2013 - 08:55 PM.

  • 0

idea9dv.gif Link to K-1 instructions for Ciudad Juarez, Mexico > http://photos.state....s/k1k4dec13.pdf
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 -
Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13
- Bio: 04/25/13 APPROVED!- 07/24/13


#11 Ebunoluwa

Ebunoluwa

    Here we go again :)



Posted 16 November 2013 - 08:38 PM

Sorry, this may be a dumb question, but nevertheless, I'm curious.   Does USCIS count the 90 days as calendar days, for instance, our wedding date is set for July 12, 2014 and I'd really like my fiance to be here on April 12, 2014 because it's my niece's bday and a good chance for him to meet the family.  But if I count 90 calendars, he'll have to be here April 14th and not april 12th.  But if we're looking at months, 3 months from July 12th would be April 12th.  Does that make sense?  Of course I'd rather have him miss the birthday party so he can actually be here for the wedding, but if I can have my cake and eat it too, life would just be so much better smile.png

 

Can anyone confirm for me?  Thanks!

 

 

Yes, 90 days not three months.


  • 0

I-129F Sent : 2014-03-31,  received 04-03  check cashed, email confirmed 04-08

I-129F NOA1 : 2014-04-07 (hard copy 04-12)

I-129F NOA2 : 2014-06-04

NVC Received : some dinkelsberry yehoo in the house of cling ons send our petition to the wrong consulate. In the process to fix it. :o

NVC Left : who knows !

Consulate Received : July 30,2014 Transfer to right embassy complete.Consulate is confused about the wrong case number and will contact us when they 'look at' our case. :rolleyes:

Packet 3 Received : July 31, 2014

Packet 3 Sent :  Sept.10 ,2014

Packet 4 Received : Sept. 19, 2014

Interview Date : :ph34r:

Interview Result :

Second Interview (If Required):

Second Interview Result:

Visa Received :

US Entry :

Marriage :

 

First K1 denied after 16 month of AP. Re filing. Not a sprint but a matter of endurance. Been there, done that, have the T-shirt, sometimes wear the hat.

Together since 2009. We can do this ! :yes:


#12 NLR

NLR

    Proudly Canadian



Posted 16 November 2013 - 09:56 PM

NM i understand the question now... LOL /doh

 

 

 

Could you ask for your niece's birthday party to be thrown the weekend after so that your fiance would be able to be there to meet family before the wedding?


Edited by NLR, 16 November 2013 - 09:57 PM.

  • 1

#13 LBeachey

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  • PipPipPipPipPipPip


Posted 16 November 2013 - 10:49 PM

Thank you all for your responses.  No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame.  The devil is in the details, so better safe than sorry.  Thanks!!!

 

One other option would be to have him come for the family function, get legally married civilly within the 90 days and still have the ceremony as scheduled. 


  • 0

#14 NigeriaorBust

NigeriaorBust

    igwe and lolo



Posted 16 November 2013 - 11:20 PM

remember that your day of entry is day 1  and day 90 is 89 days later   Also remember that the day the marriage is recorded is the one that counts not always the day the wedding take place 


Edited by NigeriaorBust, 16 November 2013 - 11:21 PM.

  • 0

This will not be over quickly. You will not enjoy this.


#15 meuy99

meuy99

    Member

  • PipPipPip


Posted 17 November 2013 - 12:58 AM

 

The CBP's initial involvement is somewhat limited to accepting and processing the foreign fiancé(e) with their K-1 visa and associated paperwork at the POE;  unless at the POE, the foreign fiancé(e) declares that they do not intend to marry their US citizen/sponsor as required by the terms of the K-1 visa. I am not sure if that has happened very often. 

 

By way of example, at my then-fiancée's POE, she was asked/instructed by the CBP officer to get married within 90 days of arrival and to complete her processing. Check our signature line to see when we started the AOS process.

 

The CBP will not know if and when the USC-sponsor and the foreign-fiance(e) will get married. That fact will become evident to DHS when the AOS applications/paperwork is submitted to USCIS.  The AOS application will likely be denied by USCIS if the marriage occurs after 90 days.  Review the pertinent VJ FAQs: http://www.visajourn...k2visa-aos.html

 

One possible secondary scenario that could involve the CBP is if the couple had gotten married within the 90-day period, yet had not started the AOS process and the alien-spouse's Form I-94 had expired, and subsequently was stopped by a CBP officer, at a roving inspection station (there are forum threads of those types of operations occurring along the southern US border area), the alien-spouse may be detained by the CBP for further processing, that may include deportation. There are numerous variations of this scenario, the end result is usually more trouble and hassles for the couple.

 

 

 

You could have come in April, then get married at the courthouse just to satisfy the obligation to marry within 90 days, then have your wedding ceremony as planned, just no need for the license at the wedding since you will already be legally wed.

 

 

Also, as to the above stuff about being sent home, the CBP would not know if the K-1 entrant would be marrying for sure in the 90 days, and there is no deadline or requirement to also file for AOS within those same 90 days, so there is no issue about being sent back home upon entry because of that. And, if they married after the 90 days, they could still file for AOS, but would need to file the I-130 in order to be eligible.
 

 

 

NM i understand the question now... LOL /doh

 

 

 

Could you ask for your niece's birthday party to be thrown the weekend after so that your fiance would be able to be there to meet family before the wedding?

Move an 8 year's bday to accommodate old people- the kid would have a fit! lol.

 

 

One other option would be to have him come for the family function, get legally married civilly within the 90 days and still have the ceremony as scheduled. 

 

 

remember that your day of entry is day 1  and day 90 is 89 days later   Also remember that the day the marriage is recorded is the one that counts not always the day the wedding take place 

 

Thanks for the suggestions everyone about getting married civilly first.  I want to have everything done in one day so that when we are being introduced for the first time as Mr&Mrs or have our first dance as a married couple, it'll actually be our first time.  It's silly and perhaps because I'm a woman, but it just wouldn't feel as special to me if we have the civil ceremony and reception two different dates.  Otherwise, we'd have the ceremony once he arrives and wait until he is working and able to help me save for the wedding so I can have the wedding I imagine, but alas, my brain seem not to be practical anymore and my heart wants it all done at the same time and the heart wants what the heart wants.  


  • 0

AOS Timeline

8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)

8/15/14- notified via text and email that application was accepted on 8/12 and being processed.

9/8/`4- Biometric done

 

K1 Timeline

8/16/2013   I-129F Sent via UPS to Lewisville, TX                                                9/25/2013    Hard copy of NOA 2 received dancin5hr.gif

8/19/2013   I-129F CSC Received                                                                        10/29/2013  Got email from NVC with case number (NVC rec'd)

8/20/2013   NOA1                                                                                                 10/30/2013  Left NVC

8/22/2013   Notice that Alien Registration Number was changed                        11/04/2013  Consulate Rec'd

8/26/2013    NOA1 Received by mail                                                                    11/12/2013  Packet 3 rec'd   

9/20/2013    Email notice of NOA2 (31 days)

 

02/04/2014  After many months of waiting and frustration, FI finally                                02/18/14   Police Clearance rec'd

got his birth certificate, passport and police clearance from his home                              2/20/14-   Second packet 3 sent to consulate

country and we received an SMS today stating that his SA Police Clearance                  2/27/14    Followed up with Consulate to get interview date.  They schedule an interview

was finalized.  The SA Police Headquarter said that processing took longer                                   for 2/20 when he submitted the application of readiness (what we had to do to  

than normal because of a prior conviction (long story- basically a non issue).                                 extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.  

The NOA2 expired on Jan 20th, but we hope that the consulate extended                      3/27/14-  Interview- APPROVED!!!

it since we informed them of the delay and returned packet 3 per their instructions.        4/10/14- FI entered US via LAX and flew to SF

                                                                                                                                           6/14/14- Civil Ceremony




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