About K1 visa valid date

[B0J 0]

 

I just realised when I used K1 visa entry,  then I can't leave until I get the green card. But I need to back home after the ceremony(Feb). So my question is. When I interview, can I said my big date(sign paper) is June, but after I get the VIsa, can I still use the travel visa to entry on Feb ? 

 

[Cyberfx1024 7,978]

3 minutes ago, BJCHEW said:

 

I just realised when I used K1 visa entry,  then I can't leave until I get the green card. But I need to back home after the ceremony(Feb). So my question is. When I interview, can I said my big date(sign paper) is June, but after I get the VIsa, can I still use the travel visa to entry on Feb ? 

 

Did you file for advance parole when you filed for AOS?

[Murph4865 597]

1 minute ago, BJCHEW said:

 

I just realised when I used K1 visa entry,  then I can't leave until I get the green card. But I need to back home after the ceremony(Feb). So my question is. When I interview, can I said my big date(sign paper) is June, but after I get the VIsa, can I still use the travel visa to entry on Feb ? 

 

Visa for US entry only good for 6 months 1 time use only, if you leave before getting AP done you may not be allowed back in the states.

[geowrian 22,335]

The visa is valid for 6 months from either the medical or the interview...whichever is sooner. It's a single entry visa.

 

You can apply for AOS + AP (and an EAD) after getting married in the US. AP/EAD takes ~4 months or so currently. AP lets you travel abroad and return to the US (no entry is actually guaranteed except for USCs, though).

[B0J 0]

Currently, I still waiting for the NOA 2, never know which day will approval and never can planning on coming 6 months.

I have a ceremony on Feb and home country on April.  My planning is used travel visa to entering the U.S.  but I'm so afraid they suddenly approved the I need to stand by for the interview in my home country. 

Noa1 19 May 2017 

Back to US  (? )

Ceremony/ party  on Feb 2018

Ceremony/ party  on April 2018

Back to US in June 

 

first  option 

User travel visa finished all ceremony, and sign the paper on June

 

Secord

If they approval before Feb, can I request the K1 visa valid day is June - Sep (3month) ? and I come by Feb just use travel visa to finish the ceremony? then I  entering US  by June is to use K1 visa. 

[geowrian 22,335]

3 minutes ago, BJCHEW said:

I have a ceremony on Feb and home country on April.  My planning is used travel visa to entering the U.S.  but I'm so afraid they suddenly approved the I need to stand by for the interview in my home country. 

Noa1 19 May 2017 

Back to US  (? )

Ceremony/ party  on Feb 2018

Ceremony/ party  on April 2018

Back to US in June 

This will not work, sorry. There is virtually no chance of having AP approved between February and April, and an expedite does not apply for a ceremony.

 

3 minutes ago, BJCHEW said:

first  option 

User travel visa finished all ceremony, and sign the paper on June

This won't work because:

1. The tourist visa will almost certainly be cancelled once the K1 is issued. This is SOP.
2. Once you marry, you cannot enter on a K-1 visa anymore - this would be fraud and can result in a permanent ban and revocation of any immigration benefit obtained using it.

3 minutes ago, BJCHEW said:

Secord

If they approval before Feb, can I request the K1 visa valid day is June - Sep (3month) ? and I come by Feb just use travel visa to finish the ceremony? then I  entering US  by June is to use K1 visa. 

You cannot request a time frame for the visa's validity. The validity is tied to the date of the medical or the interview as noted previously.

 

You *can* hold off on interviewing until later when you are ready, though. And as long as you do the medical and interview sometime in 2018, then the visa will still be good for June 2018. You only need to enter before it expires (your 90 days of legal status can go past the end of the visa's validity...the visa itself is cancelled at POE).

 

But as noted above, you cannot marry and then obtain or use a K-1 visa.

[Unlockable 7,306]

@geowrian is right. Read his reply thoroughly. Your visitor visa will be cancelled. 

 

You might as well plan to miss the ceremony in your country because you will not have AP or GC by then. This is just another sacrifice to make for immigration.

[B0J 0]

Thank you all, that's mean I need to cancel my home country ceremony.  That's let me really crazy and sad!

[B0J 0]

one more question, after they approved NOA 2, when embassy send me Forms and Checklist, is it have deadline to send back? 

[B0J 0]

About the interview day, can I pick which day or they just assign the date to you and whatever any reason, you need to come? 

[geowrian 22,335]

2 hours ago, B0J said:

one more question, after they approved NOA 2, when embassy send me Forms and Checklist, is it have deadline to send back? 

Procedures vary from embassy to embassy, so this is not possible to be answered without knowing the embassy.

The NOA2 initially has a 4 months validity. Most embassies will renew this for up to 1 year so long as there is still activity on t he case.

 

2 hours ago, B0J said:

About the interview day, can I pick which day or they just assign the date to you and whatever any reason, you need to come? 

Varies from embassy to embassy. Some schedule it for you and others let you do it.

[geowrian 22,335]

25 minutes ago, K1_Journey said:

Like what they said, the K1 fiance visa is a one time entry only, once you enter the US the visa is no longer valid and cannot be used to enter the US a 2nd time. K1 fiance visa is valid for 6 months from the date of your medical exam, this has been confirmed on my wifes K1 visa as well as several of our friends K1 visas, the expiration is NOT based on the date of your embassy interview.

As I stated above, the expiration is based on either the date of the medical OR the date of the interview...whichever is sooner. Unless you do the medical after the interview, it would be based on the date of the medical. This is what happens in the vast majority of cases, but not all (i.e. getting a 221g at the interview pending a satisfactory medical report, or if AP takes over 6 months from the medical).

 

Anecdotal evidence can be dangerous....nothing is confirmed via somebody's individual experience since no 2 cases are identical.

Edited November 7, 2017 by geowrian

[geowrian 22,335]

7 minutes ago, K1_Journey said:

This part "OR the date of the interview...whichever is sooner" is incorrect, the expiration date is always based only on the date of the medical exam, never based on the interview date, not to mention this "Unless you do the medical after the interview" is also incorrect due to the fact that the medical exam is required prior to the embassy interview. Cmon man, your wife is from Philippines she interviewed at the same embassy as my wife did, you should know better. Go check your wifes passport for her visa expiration date then check the date she had her medical exam and you will see the dates match.

To be more specific, the validity of a K-1 or K-2 visa is up to six months from the date of issuance. The "up to" is limited (in one way) by the medical examination validity period. I was unclear in saying "interview" above...technically it's the date of issuance. My apologies for the confusion. If we're looking at the practical application of current policy, then it is limited by the date of the medical. If we are looking at the law (INA) it's a maximum of 6 months from the date of issuance, but still limited by the date of the medical by policy since medicals are currently limited to 6 months maximum. Extending the length of the medical validity would not change the validity period of the visa class.

 

Maybe I'm being a bit pedantic here, but I think we are overall saying the same thing here as it applies at this point in time.

 

Plenty of people have done the medical after the interview for various reasons. At some embassies, they will turn you away but at others you can interview fine and send the medical results later (getting a 221g at the interview). Or if the medical expires before AP completes, then a new medical is required before the visa can be issued. My wife did her medical before the interview, so it was 6 months from that date.

 

Sources:

9 FAM 502.7-5(C)(7) (https://fam.state.gov/fam/09FAM/09FAM050207.html)

9 FAM 302.2(U) (https://fam.state.gov/fam/09FAM/09FAM030202.html)

[B0J 0]

thank you all for the information,  I'm planning to cancel my HK wedding. 

[DollyDolly 278]

On 07/11/2017 at 5:09 PM, K1_Journey said:

 

 

Like what they said, the K1 fiance visa is a one time entry only, once you enter the US the visa is no longer valid and cannot be used to enter the US a 2nd time. K1 fiance visa is valid for 6 months from the date of your medical exam, this has been confirmed on my wifes K1 visa as well as several of our friends K1 visas, the expiration is NOT based on the date of your embassy interview. Once you enter the US on K1 visa you must get married in the US within 90 days, you cannot get married outside of or prior to entering the US or you will be required to start the visa process over again but as CR1 or IR1 marriage visa. After marriage in the US, you will need to file Adjustment of Status (AoS) and include the forms for Advanced Parole(AP), approximately 4 months after filing AoS you will receive your Advanced Parole(AP) document which will allow you to leave and re-enter the US prior to receiving your permanent resident green card. This is the only way you will be able to leave and re-enter the US without either having a green card, or filing for a CR1 or IR1 marriage visa, other than visitor visa which obviously is not allowed for permanent residence immigration purpose.

Once I've entered the US using my K1 can myself and my fiancé go on a honeymoon outside the US after we get married? 

 

Of course I will apply for AP as soon as the marriage is done, to get that process going.