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Filed: K-1 Visa Country: India
Timeline
Posted

hello everyone,

I have a general question . I recently applied for a K1 visa with my fiancée, I have my interview next week. We have a tentative date fixed for our wedding which is November the 7th 2009. Now lets say hypothetically i get approved for my K1 and travel after the 7th of August 2009. Do we need to get married immediately or get married on the said date which is 11/7/2009 ?, i understand that we have to get married within the 90 day time frame from the time I enter the US. if I do get married on the said date and apply for I 485, How long does it take for the I485 to get processed ? and how long would my K1 visa be valid ?. will I be out of status if I don't hear about my I485 petition from the authorities within 3 months of filing ?

Thank you

Kennedy

Filed: AOS (apr) Country: Philippines
Timeline
Posted

You need to be married before the expiration of the I-94. Upon arrival, the I-94 will expire 90 days later (not the same as 3 mos.)

Using your example, if you arrive on August 7th, the I-94 will expire on November 5th... If you marry on November 7th you will not have met the requirements of the visa and will not be able to adjust your status fom K-1.

You should also, if able, file the I-485 before the expiration of the I-94 as well... If you do not you will still be allowed to adjust your status, but you will be accruing out of status time until the I-485 is sent in.

YMMV

Filed: Other Country: Brazil
Timeline
Posted

I have a question regarding the I-485 form. I am an Au Pair (J-1) and when I am filling the I-485, I don't what option I should check on Part-2 (the reason why you are applying for the AOS). Some ppl told a friend of mine she should check the letter B., which says: My spouse or parent applid for AOS or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouse or children. I am not sure if that's the correct answer. I think letter H would fit my answer better, because I can explain I got here on a J-1 visa.

Is there someone who could me with that?

Thanks

Posted

LovelyVeggie,

First, you hijacked this thread on an AOS discussion from a K-1 visa to one about AOS from a non-family visa. Please stay on topic.

Second, I suggest you ask this is the other AOS forum that is concerned with adjusting from non-family visas (i.e. non K Visas).

------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

 
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