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Filed: Timeline
Posted

Well this is a simple question and i think i do know the answer but i am just making sure of this

i have been told or read on dif websites that

1. Once approved the K1 visa is valid for 6mths in total (3 mths to get into the usa and once in 3 mths to marry)

and

2. Once approved the K1 visa is valid for 6mths ( to get into the usa) and an additional 3 mths (90 days) to get married once in the usa

Just to make sure which one is correct? I have a big feeling it is the 2nd one but have read on some websites that it is the 1st one.

thanks all

Posted
Well this is a simple question and i think i do know the answer but i am just making sure of this

i have been told or read on dif websites that

1. Once approved the K1 visa is valid for 6mths in total (3 mths to get into the usa and once in 3 mths to marry)

and

2. Once approved the K1 visa is valid for 6mths ( to get into the usa) and an additional 3 mths (90 days) to get married once in the usa

Just to make sure which one is correct? I have a big feeling it is the 2nd one but have read on some websites that it is the 1st one.

thanks all

K1 is valid usually for 6 months from date of issue or as specified in the "Valid until field". Note there is no requirement that you must go to the USA within 3 months or 90 days, only requirement is once you are in the USA you must get married within 90 days and hopefully until then your K-1 is valid too. If not, you can just file for AOS and the noa you receive in lieu of AOS protects your status.

Filed: Lift. Cond. (apr) Country: Egypt
Timeline
Posted

2. Once approved the K1 visa is valid for 6mths ( to get into the usa) and an additional 3 mths (90 days) to get married once in the usa

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

Posted

It's the second one. From the date of the issuance of the visa, you have 6 months to enter.

If you enter the day after it's issued, you have 90 days from entry to the US to marry (about 3 months after issuance).

If you enter the day before it expires (6 months later), you have 90 days from entry to the US to marry (up to 9 months after issuance).

If you enter on any day in between, you have 90 days from entry to the US to marry.

As you can see, the expiration of the visa only has to do with the entry to the US. Once entered, a different clock (the I-94 expiration date) starts, and it is always 90 days. I can see how it can be confusing, especially if the correct vocabulary isn't used.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Posted

Oh, I should also note that although the technicality is that you need to marry within 90 days, your spouse will then be out of status unless you ALSO apply for AOS within those 90 days, so don't wait too long! (sorry for double post - just missed my edit window)

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Filed: Timeline
Posted
Oh, I should also note that although the technicality is that you need to marry within 90 days, your spouse will then be out of status unless you ALSO apply for AOS within those 90 days, so don't wait too long! (sorry for double post - just missed my edit window)

Thanks for that so it is best to have the marrage within the 1st 2mths of the 3 month period so teh forms can be sent in and have a month to process

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Thanks for that so it is best to have the marrage within the 1st 2mths of the 3 month period so teh forms can be sent in and have a month to process

it takes a lot longer that 1 mos for the forms to process. greencard process can be up to 5+ mos.

YMMV

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Well this is a simple question and i think i do know the answer but i am just making sure of this

i have been told or read on dif websites that

1. Once approved the K1 visa is valid for 6mths in total (3 mths to get into the usa and once in 3 mths to marry)

and

2. Once approved the K1 visa is valid for 6mths ( to get into the usa) and an additional 3 mths (90 days) to get married once in the usa

Just to make sure which one is correct? I have a big feeling it is the 2nd one but have read on some websites that it is the 1st one.

thanks all

Number 2 is closest to being correct, but it is NOT correct.

The visa is valid for 6 months to enter the USA, that part is correct. Upon entering the USA the visa is CANCELLED (it is a one time visa, think of it as a postage stamp, once used it is for the scrapbook) The visa is replaced upon entry by an I-94 which is valid for 90 days. You must get married BEFORE the expiration on the I-94.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Thanks for that so it is best to have the marrage within the 1st 2mths of the 3 month period so teh forms can be sent in and have a month to process

There is no requirement to file to AOS within the 90 days, only to get married. File the AOS as soon as possible after marriage. It takes 2-6 months to receive the green card. The I-94 will expire, no problem. Have your (then) wife carry a copy of her recipt for filing AOS in her passport with her visa and I-94.

It is best to have the marriage ASAP alos so that your wife can receive benefits of being married (insurance for example) and more quickly get on the road to the green card. If you are trying to plan a big wedding I would recommend a civil ceremony within a couple days of arrival followed by a larger wedding later.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Question for you folks, related to the subject at hand:

Once you get married within that 90 days (I-94 timeframe) and file for the AOS... is the alien fiance still able to stay in the states until the AOS is approved?

yes. In fact they MUST stay in the USA until they have a green card or AP (travel document) which comes after filing the AOS. If they leave the USA before then they cannot return and adjust status, they forfeit their status

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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