Extension for K1???

[Anja_and_Henry 0]

Hi there,

I'm in the US on a K1 Visa and we are not yet married - we still have time before the 90 days are over but it is getting close...

Is there any way to extend the 90 days without me having to leave the US? I dont know anything about it, never heard about it but maybe you know more than I do?

Cheers Anja

[john_and_marlene 162]

Hi there,

I'm in the US on a K1 Visa and we are not yet married - we still have time before the 90 days are over but it is getting close...

Is there any way to extend the 90 days without me having to leave the US? I dont know anything about it, never heard about it but maybe you know more than I do?

Cheers Anja

It cannot be extended. If you marry after the 90 days, you will have to submit an I-130 and I485 after the marriage and you can stay in the U.S. while your new spousal application and AOS application are processed.

Edited July 14, 2006 by john_and_marlene

[Karen_L 1]

No, you can't extend the period beyond 90 days, unfortunately. Get married asap if you want to stay in the US and adjust status! If you're hesitating out of some reservations about the marriage, you and your fiance' should sit down and discuss what you want to do right away and talk about whatever issues you're having. If your waiting because you want to throw a big wedding celebration and need time to plan, I would suggest marrying legally to fulfill the visa requirements and be able to stay, and then plan the hugh party/traditional service afterward.

Good luck!

[john_and_marlene 162]

No, you can't extend the period beyond 90 days, unfortunately. Get married asap if you want to stay in the US and adjust status! If you're hesitating out of some reservations about the marriage, you and your fiance' should sit down and discuss what you want to do right away and talk about whatever issues you're having. If your waiting because you want to throw a big wedding celebration and need time to plan, I would suggest marrying legally to fulfill the visa requirements and be able to stay, and then plan the hugh party/traditional service afterward.

Good luck!

According to the USCIS she can stay even if the 90 days is exceeded. It does require the additional filing of the I-130 though.

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#d

Edited July 14, 2006 by john_and_marlene

[dirtyd301 0]

We got married in Vegas because we didn't have the time to plan for a big wedding. We are planning to have a religious ceremony with all the friends and family there next year on our one year anniversary. We had a blast in Vegas and it was in plenty of time to file everything. I hope that you guys have time to make your wedding just the way that you want. Just remember there is nothing wrong with having two weddings! Most people in our situatuons have to do that. Good Luck to ya!!!

Diana

[john_and_marlene 162]

Understand that the consequences are the additional filing of the I-130 and make your own choices based on that knowledge.

[Anja_and_Henry 0]

Hey thanks, we wanted a marriage contract done but between signing the contract and the wedding you should have 30 days....

Thanks again, Anja

[rosyanne 0]

Nope!

You either get married or return to your country.

[William33 110]

I just love the mixed signals provided on this site...All well intended, but often misleading...

Clearly, john_and_marlene have provided sound advice. Good luck.

No, you can't extend the period beyond 90 days, unfortunately. Get married asap if you want to stay in the US and adjust status! If you're hesitating out of some reservations about the marriage, you and your fiance' should sit down and discuss what you want to do right away and talk about whatever issues you're having. If your waiting because you want to throw a big wedding celebration and need time to plan, I would suggest marrying legally to fulfill the visa requirements and be able to stay, and then plan the hugh party/traditional service afterward.

Good luck!

According to the USCIS she can stay even if the 90 days is exceeded. It does require the additional filing of the I-130 though.

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#d

[john_and_marlene 162]

Nope!

You either get married or return to your country.

You are wrong and dispensing bad advice

[joeyjoey 1]

You cannpt extend a K-1 Visa. If it expires, you'll have to do the entire process again. You better go to the Courthouse and get married!

[john_and_marlene 162]

You cannpt extend a K-1 Visa. If it expires, you'll have to do the entire process again. You better go to the Courthouse and get married!

This appears to be one of the greatest misconceptions about what happens. Have you not read the uscis link and what it says about marrying after the 90 days? They will have to file an I-130 in conjunction with their I-485, but she will not have to leave and can adjust status based on the I-130 instead of the K1.

I'll post the uscis link for the second time in this thread.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#d

[Anja_and_Henry 0]

OK, I read all the guides now but we decided that we do not want to go through the whole visa thing again - I just can't do that. We just make a contract between us and have a laywer involved to help.

Thanks for the help though.

Cheers Anja

[aussiewench 9]

OK, I read all the guides now but we decided that we do not want to go through the whole visa thing again - I just can't do that. We just make a contract between us and have a laywer involved to help.

Thanks for the help though.

Cheers Anja

Anja

Just to clarify. You wouldnt be doing the whole visa thing again. As john_and_marlene stated and provided links for, one would only have to file the additional I-130 petition.