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mattmatt

Visiting during the 6 months, without using the 90 days?

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This might be an odd question, and it doesn't even matter to me what the answer is, because this is just a curiosity I had about the whole K-1 process.

My fiancee has visited me several times over the past year on the ESTA (visa waiver program). The ESTA allows her to stay for up to 90 days (cumulative) in the USA. My question is based around the fact that even after the K-1 visa is approved, she'll probably still have additional days left on her ESTA.

So... I've heard it explained before that once the K-1 is approved, she has 6 months to use it. What does "use it" mean? Is there some tracking system that pings a database somewhere upon her arrival, indicating that she is now "using" it? And, furthermore, how do they know whether she's "using" the ESTA or the K-1 visa? Can she pick which one to "use"?

I guess I'm really asking, if she can "use" her remaining ESTA days before "using" the K-1 visa (and thereby begining the 90-day marriage timer)

Sorry for this weird question haha. Like I said, the answer doesn't really matter. We have no issue getting married within the 90 days; in fact, we may do it sooner as neither of us like to procrastenate.


I am the U.S. citizen petitioner (male). My wife is the foreign beneficiary (female)

K-1 FIANCEE VISA (I-129F)
Day 000 - 2015-02-23 - Packet mailed (USPS) to Dallas P.O. Box
Day 002 - 2015-02-25 - Tracking information indicates delivered
Day 003 - 2015-02-26 - USCIS received packet (NOA1 date)
Day 007 - 2015-03-02 - USCIS sent NOA1
Day 008 - 2015-03-03 - USCIS check cleared ($340)
Day 008 - 2015-03-03 - USCIS sent acceptance confirmation email
Day 175 - 2015-08-17 - USCIS sent NOA2
Day 193 - 2015-09-04 - NVC sent notice of transfer of petition to consulate
Day 197 - 2015-09-08 - Consulate sent fiancee a letter confirming receipt of petition
Day 227 - 2015-10-08 - Consulate sent fiancee interview appointment date
Day 260 - 2015-11-10 - Interview. Visa approved!
Day 267 - 2015-11-17 - Fiancee received visa/passport in mail
Day 273 - 2015-11-23 - Fiancee entered USA (POE Newark Airport)
Day 292 - 2015-12-12 - Legal marriage (town hall)

AOS & EAD (I-485 & I-765)
Day 000 - 2016-02-10 - Packet mailed (USPS) to Chicago P.O. Box
Day 005 - 2016-02-15 - Tracking information indicates delivered
Day 006 - 2016-02-16 - USCIS received packet (NOA1 date)
Day 018 - 2016-02-28 - USCIS sent NOA1 for AOS
Day 018 - 2016-02-28 - USCIS sent NOA1 for EAD
Day 020 - 2016-03-01 - Check cleared ($1070)
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for AOS
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for EAD
Day 024 - 2016-03-05 - USCIS sent NOA2 for EAD (notice of biometrics appointment)
Day 044 - 2016-03-25 - Biometrics appointment for EAD
Day 073 - 2016-04-23 - USCIS sent NOA2 for AOS (notice of biometrics appointment)
Day 089 - 2016-05-09 - Biometrics appointment for AOS
Day 114 - 2016-06-03 - Phonecall to USCIS re: over 90 days without EAD
Day 124 - 2016-06-13 - Phonecall to USCIS re: over 5 days without return call
Day 134 - 2016-06-23 - USCIS sent NOA3 for EAD (notice of EAD approval)

Day 139 - 2016-06-28 - USCIS sent EAD card (I-765 process complete)

Day 216 - 2016-09-13 - USCIS sent NOA3 for AOS (notice of interview appointment)

Day 253 - 2016-10-20 - Interview appointment for AOS
Day 253 - 2016-10-20 - USCIS sent NOA4 for AOS (notice of Permanent Resident approval)

Day 258 - 2016-10-25 - USCIS sent green card in mail (I-485 process complete)

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When the application is approved and the visa is placed into the passport, it will have a validity of up to 6 months from the date of issuance. This is the 6 months they are talking about. (Must enter the country in that 6 month period or "use it")

The K1 visa is a single use visa which means that once the person enters the country under that visa it no longer has any purpose, as the visa is used for the purposes of marriage and not to visit. (At which they now have 90 days to get married to you)

While the K1 visa application is being processed the beneficiary is able to use the ESTA and enter the country for up to 90 days at a time.... this is only until the K1 is approved.

The ESTA does not have a number of days per say. Each ESTA entry allows 90 days of admission into the US without a paper visa. Visiting for 30 days, returning home for 6 months and come back for another 65 days are both under the 90 day visit limits and are perfectly acceptable. They just can't spend more than 180 days total in a 12 month period on the ESTA.

Once the K1 visa is approved it is not advisable to try and enter under the ESTA as the customs officer may accidentally trigger the K1 or even deny entry if not using the K1 visa.


My AOS Journey

11/11/14 - POE

12/12/14 - Married

12/15/14 - AOS/EAD Submitted

12/22/14 - NOA 1

01/13/15 - Biometrics

03/20/15 - Notice Of Potential Interview Waiver Received - 6 Month Delay

09/21/15 - NPIW Expired

10/16/15 - Service Request 1 submitted - Local office past my case

10/17/15 - Service Request Response - Currently being adjudicated, No timeline. Please wait

10/19/15 - Contacted Local Congressman. Request Submitted

11/19/15 - Response from congressman. Currently being adjudicated. Please wait. No Timeline

11/27/15 - Letter from Local Field office requesting missing I-693.

12/21/15 - Infopass Appointment regarding notice - I-693 not required for K1 Visa. Officer stated he would request local officer to contact me

12/22/15 - 1 Year since NOA 1

01/06/16 - Service request 2 submitted

01/19/16 - Interview Appointment Received

02/09/16 - Interview - APPROVED

02/12/16 - Green Card In Hand

12/26/17 - ROC Submitted

01/08/18 - ROC NOA1 Recieved

 

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Thanks your answer is very informative.


I am the U.S. citizen petitioner (male). My wife is the foreign beneficiary (female)

K-1 FIANCEE VISA (I-129F)
Day 000 - 2015-02-23 - Packet mailed (USPS) to Dallas P.O. Box
Day 002 - 2015-02-25 - Tracking information indicates delivered
Day 003 - 2015-02-26 - USCIS received packet (NOA1 date)
Day 007 - 2015-03-02 - USCIS sent NOA1
Day 008 - 2015-03-03 - USCIS check cleared ($340)
Day 008 - 2015-03-03 - USCIS sent acceptance confirmation email
Day 175 - 2015-08-17 - USCIS sent NOA2
Day 193 - 2015-09-04 - NVC sent notice of transfer of petition to consulate
Day 197 - 2015-09-08 - Consulate sent fiancee a letter confirming receipt of petition
Day 227 - 2015-10-08 - Consulate sent fiancee interview appointment date
Day 260 - 2015-11-10 - Interview. Visa approved!
Day 267 - 2015-11-17 - Fiancee received visa/passport in mail
Day 273 - 2015-11-23 - Fiancee entered USA (POE Newark Airport)
Day 292 - 2015-12-12 - Legal marriage (town hall)

AOS & EAD (I-485 & I-765)
Day 000 - 2016-02-10 - Packet mailed (USPS) to Chicago P.O. Box
Day 005 - 2016-02-15 - Tracking information indicates delivered
Day 006 - 2016-02-16 - USCIS received packet (NOA1 date)
Day 018 - 2016-02-28 - USCIS sent NOA1 for AOS
Day 018 - 2016-02-28 - USCIS sent NOA1 for EAD
Day 020 - 2016-03-01 - Check cleared ($1070)
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for AOS
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for EAD
Day 024 - 2016-03-05 - USCIS sent NOA2 for EAD (notice of biometrics appointment)
Day 044 - 2016-03-25 - Biometrics appointment for EAD
Day 073 - 2016-04-23 - USCIS sent NOA2 for AOS (notice of biometrics appointment)
Day 089 - 2016-05-09 - Biometrics appointment for AOS
Day 114 - 2016-06-03 - Phonecall to USCIS re: over 90 days without EAD
Day 124 - 2016-06-13 - Phonecall to USCIS re: over 5 days without return call
Day 134 - 2016-06-23 - USCIS sent NOA3 for EAD (notice of EAD approval)

Day 139 - 2016-06-28 - USCIS sent EAD card (I-765 process complete)

Day 216 - 2016-09-13 - USCIS sent NOA3 for AOS (notice of interview appointment)

Day 253 - 2016-10-20 - Interview appointment for AOS
Day 253 - 2016-10-20 - USCIS sent NOA4 for AOS (notice of Permanent Resident approval)

Day 258 - 2016-10-25 - USCIS sent green card in mail (I-485 process complete)

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