A few K1 Visa questions

[JamesB2008 0]

Hey!

My fiance in the US filed the I29F in the middle of December - we are still waiting to hear anything. We're currently planning a wedding for December. However, I have just a couple of quesitons which I really cannot find answers to...

The dates of the visa - does the 90 days start from when the visa is issued or do we at some point get an option to pick a star date?

I'm sure I read somewhere that you can get permission to work before the wedding - does anyone have any info on this?

Finally, does my fiance in the US have to be earning more than a certain amount of money? I have never heard this before but just read this on a different post. She is a student at the moment and therefore does have a salary.

Any responses would be most appreciated!

[Zee Bee 61]

Hey!

My fiance in the US filed the I29F in the middle of December - we are still waiting to hear anything. We're currently planning a wedding for December. However, I have just a couple of quesitons which I really cannot find answers to...

The dates of the visa - does the 90 days start from when the visa is issued or do we at some point get an option to pick a star date?

It starts from when you enter the US. Once you have the visa you have 6 months to enter the US. Once you enter the US, 90 days to get married.

I'm sure I read somewhere that you can get permission to work before the wedding - does anyone have any info on this?

If you get the temp EAD it is valid for 90 days but after that you need to wait for the greencard or the EAD if you apply for it when you adjust status.

Finally, does my fiance in the US have to be earning more than a certain amount of money? I have never heard this before but just read this on a different post. She is a student at the moment and therefore does have a salary.

Any responses would be most appreciated!

Here are the poverty guidelines for 2007: http://www.uscis.gov/files/form/I-864P.pdf

If she does not meet the guidelines on her own then you can have a cosponsor who meets the guidelines.

[KGSodie 0]

Hey!

My fiance in the US filed the I29F in the middle of December - we are still waiting to hear anything. We're currently planning a wedding for December. However, I have just a couple of quesitons which I really cannot find answers to...

The dates of the visa - does the 90 days start from when the visa is issued or do we at some point get an option to pick a star date?

I'm sure I read somewhere that you can get permission to work before the wedding - does anyone have any info on this?

Finally, does my fiance in the US have to be earning more than a certain amount of money? I have never heard this before but just read this on a different post. She is a student at the moment and therefore does have a salary.

Any responses would be most appreciated!

You have 6 months to use the visa. The 90 day clock starts on the date of entry into the USA.

The petitioner (USC) must make 125% of the poverty guidelines for the number of people that will be in the household, including the beneficiary and any accompanying children.

Hope this answers part of your question.

Good luck!

[~Laura and Nick~ 5]

Hi and welcome

The 90 days starts as soon as you enter the States using the K1. When you receive the K1 visa, you have up to 6 months to enter the States.

You can get a stamp in your passport for work but it only lasts for the 90 days. I think the only POE that issues that is JFK Airport. Then after you are married you file for your Adjustment of Status, you file for your AP (Advanced Parole which allows you to travel outside of the States before you have your Greencard) and EAD (Work Authorization) at the same time. It usually takes 3 months to get EAD and then you can work. Many don't even bother getting a stamp in their passport for work before they get married.

In order to support you, your fiance must be making 125% over the poverty level for the number living in the household.

Click Here for the guidelines that were posted on VJ. There is no 2008 guideline out as of yet but It should be pretty close to this.

Best of luck!

Edited January 15, 2008 by ~Laura and Nick~

[snowfrostedlashes 0]

Welcome Most of the answers you want are well explained in the guides, or for topics discussing these issues you can do a forum search.

The visa is valid for four months or more (I forget exactly, but I'm sure someone more knowledgeable is also answering your post even as I type this) so as to give you time to work notice at a job, sort out travel arrangements, etc. The 90 days refers to the length of time you have in which to get married once you arrive in the US.

You can work for the 90 days, but should your EAD (Employment Authorisation Document which you file for as part of Adjustment Of Status) not have arrived by then you would need to stop work once the 90 days was up and would be unable to resume work until the EAD had arrived.

She would need to meet the 125% of the poverty guidelines or have a co-sponser.

My advice, READ ALL THE GUIDES here, it will save you valuable time and mistakes!

EDIT: oh, and as you'll have noticed, the people here are lovely!

Edited January 15, 2008 by Mark and Hannah

[B'sA 0]

Hey!

My fiance in the US filed the I29F in the middle of December - we are still waiting to hear anything. We're currently planning a wedding for December. However, I have just a couple of quesitons which I really cannot find answers to...

The dates of the visa - does the 90 days start from when the visa is issued or do we at some point get an option to pick a star date?

I'm sure I read somewhere that you can get permission to work before the wedding - does anyone have any info on this?

Finally, does my fiance in the US have to be earning more than a certain amount of money? I have never heard this before but just read this on a different post. She is a student at the moment and therefore does have a salary.

Any responses would be most appreciated!

After the visa is issued the fiance hase 120 to enter US, and only after the entry the backcounting of 90 days starts.

No special earnings required for foreign fiance.

If the US petitioner don't have any earnings or is under the poverty level, than he can have a co-sponsor(anybody could be co-sponsor).

Someone might know better about the work permit.I wouldn't like to give you uncertain information.

Good luck!

[~Laura and Nick~ 5]

Once the visa is issued, the fiance has 6 months to enter the states, not 120 days or 4 months.

[YuAndDan 153]

The 90 days begins when you enter the USA on the K-1. The K-1 is valid for 6 months after the Embassy issues it. So you have 6 months to travel to the USA and then need to marry within the 90 days after that.

The way things are processing you should have the visa with time to make that date next December.

K-1s should file for work permit at the same time that they file to adjust status AFTER getting married. If the K-1 applies for EAD before marriage, you will only get a 90 day temp EAD card with expiration date 90 days after entry on the K-1 and it takes about 90 days to get the card, so what results is either USCIS rejecting the EAD because they cannot approve it before it will expire, or a card with a few weeks or days validity left on it. Fining for EAD before adjusting status costs $340, filing for EAD with or after filing for AOS costs $0, the cost is included with AOS.

Your US Citizen fiancee MUST file an affidavit of support, and should be making more than 125% poverty line, if they are not they can use a Joint sponsor.

http://www.uscis.gov/files/form/I-864P.pdf

[mariapoe 0]

Hi and welcome

The 90 days starts as soon as you enter the States using the K1. When you receive the K1 visa, you have up to 6 months to enter the States.

You can get a stamp in your passport for work but it only lasts for the 90 days. I think the only POE that issues that is JFK Airport. Then after you are married you file for your Adjustment of Status, you file for your AP (Advanced Parole which allows you to travel outside of the States before you have your Greencard) and EAD (Work Authorization) at the same time. It usually takes 3 months to get EAD and then you can work. Many don't even bother getting a stamp in their passport for work before they get married.

In order to support you, your fiance must be making 125% over the poverty level for the number living in the household.

Click Here for the guidelines that were posted on VJ. There is no 2008 guideline out as of yet but It should be pretty close to this.

Best of luck!

Hey, how do you know that only JFK issues temporary work permits? I've read once somewhere that only major aiports do that but is there a list of those or something? I won't need to work right away after I get back to the U.S. but it'd be nice to have this option before my status is adjusted. I always fly to JFK and then we drive up to Albany, NY where we live, but this time we decided to only change planes in JFK and transfer to Albany; now I'm not sure if they'll be checking my visa and everything still in NYC - if yes, I could try to get that EAD - or at my final destination? In any case, I'm sure it's not a 100% that they'd grant you the EAD even if people at JFK are allowed to do so.

Anyway, I"m just curious:) Do you know more about it, or where I could read it?

[~Laura and Nick~ 5]

Hey, how do you know that only JFK issues temporary work permits? I've read once somewhere that only major aiports do that but is there a list of those or something? I won't need to work right away after I get back to the U.S. but it'd be nice to have this option before my status is adjusted. I always fly to JFK and then we drive up to Albany, NY where we live, but this time we decided to only change planes in JFK and transfer to Albany; now I'm not sure if they'll be checking my visa and everything still in NYC - if yes, I could try to get that EAD - or at my final destination? In any case, I'm sure it's not a 100% that they'd grant you the EAD even if people at JFK are allowed to do so.

Anyway, I"m just curious:) Do you know more about it, or where I could read it?

Hi

I know this simply from reading the boards and past messages here. It's been mentioned a few times.

Click here for a thread of someone asking.

I'm not sure if there is an official list but from what I have read on here, JFK is the only one that routinely gives out the stamp.

Someone can correct me if they have gotten one at another airport, but I've never heard of that.

~Laura