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talie

Lawyer said to get married in 60 days not 90???

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Filed: Timeline

Okay so my fiance got his visa approved on March 3rd...his currently still in Mexico. I live in California and I called my lawyer to let her know he would be crossing in the next two weeks and she was freaking out and telling me that we have 60 days to get married from the day he got his visa...which means were pretty much screwed since it will be 60 days by the end of this week. I am so confused because I thought once he crossed with his visa, then we would have 90 days to get married, which was what the lawyer told me at first and now she's changing things around for me. So if anyone can please help!! I'd appreciate it....because this is really frustrating! PLEASE HELP!

Edited by talie
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Filed: K-1 Visa Country: Philippines
Timeline

Okay so my fiance got his visa approved on March 3rd...his currently still in Mexico. I live in California and I called my lawyer to let her know he would be crossing in the next two weeks and she was freaking out and telling me that we have 60 days to get married from the day he got his visa...which means were pretty much screwed since it will be 60 days by the end of this week. I am so confused because I thought once he crossed with his visa, then we would have 90 days to get married, which was what the lawyer told me at first and now she's changing things around for me. So if anyone can please help!! I'd appreciate it....because this is really frustrating! PLEASE HELP!

I wish i could say for sure ,but i thought it was 90 days from entering the US too!! I hope you are rite and your lawyer is wrong

AN ACT OF KINDNESS

LIFTS TWO SOULS

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If you got the K-1 fiance visa, he has 6 MONTHS to enter the country.

Once he enters, he has 90 days (regardless of the visa expiry date) to get married that is controlled by the expiration of the I-94 which he gets when he enters.

Perhaps your lawyer is confused? I could see 60 days being a good goal for time to get married after entering the country. It is most advisable to get married AND have adjustment filed before the end of the 90 days, and getting married earlier rather than later facilitates this goal.

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.

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Okay so my fiance got his visa approved on March 3rd...his currently still in Mexico. I live in California and I called my lawyer to let her know he would be crossing in the next two weeks and she was freaking out and telling me that we have 60 days to get married from the day he got his visa...which means were pretty much screwed since it will be 60 days by the end of this week. I am so confused because I thought once he crossed with his visa, then we would have 90 days to get married, which was what the lawyer told me at first and now she's changing things around for me. So if anyone can please help!! I'd appreciate it....because this is really frustrating! PLEASE HELP!

Yet another reason not to use an immigration lawyer unless your case is hopelessly complicated.

You have 90 days to get married on a K1 Visa, from the day he enters the country.

Relax, and enjoy your time together!

:star:

Edited by Hopp

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Filed: K-1 Visa Country: Colombia
Timeline

Man! I think you should ask your lawyer to recheck his info.. I am almost certain that it goes like this..

Once he receives his visa, he has 180 days to enter the US, then the 90 day clock starts once he enters the US..

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

You have to enter the US within 6 months from the date the visa was issued. You have to get married within 90 days from the date of entry into the US. After that comes AOS.

Here's the K1 Flowsheet for your review.

USCIS : 104 Days

10-30-2009 : I-130 and Documents Sent

11-06-2009 : NOA1

02-18-2010 : NOA2

NVC : 66 Days

02-24-2010 : Case Number Assigned

02-25-2010 : E-Mails Given to NVC Operator

02-26-2010 : DS-3032 Sent by E-Mail

03-02-2010 : Received DS-3032 and AOS Bill

03-02-2010 : DS-3032 Accepted

03-02-2010 : Pay AOS and IV Bill Online

03-04-2010 : AOS Shows PAID

03-08-2010 : IV Bill Shows PAID

03-09-2010 : AOS and Documents Sent

03-09-2010 : Receive IV Bill

03-19-2010 : DS-230 and Documents Sent

03-24-2010 : False RFE for DS-230; Confirmed AOS Reviewed and No Missing Information Found

04-02-2010 : Sign-In Failed. Thank you, Lord!

04-05-2010 : Case Completed at NVC

04-15-2010 : Majorly Unhappy with NVC

04-30-2010 : Interview Date Assigned

Embassy :

05-06-2010 : Medical Exam

06-08-2010 : Interview Date -- Approved! Experience and Review

06-18-2010 : Visa Received

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Filed: Citizen (apr) Country: Thailand
Timeline

Okay so my fiance got his visa approved on March 3rd...his currently still in Mexico. I live in California and I called my lawyer to let her know he would be crossing in the next two weeks and she was freaking out and telling me that we have 60 days to get married from the day he got his visa...which means were pretty much screwed since it will be 60 days by the end of this week. I am so confused because I thought once he crossed with his visa, then we would have 90 days to get married, which was what the lawyer told me at first and now she's changing things around for me. So if anyone can please help!! I'd appreciate it....because this is really frustrating! PLEASE HELP!

Your lawyer is an idiot. Fire her and demand a refund.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Yer lawyer is not informed, on this one.

Suggest you ask for partial refund, say 300 bucks, because of this 'wrong answer'.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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ugh, lawyers!! I wonder how many are "good" in immigration cases...10/90?

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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Filed: AOS (apr) Country: Kenya
Timeline

Okay so my fiance got his visa approved on March 3rd...his currently still in Mexico. I live in California and I called my lawyer to let her know he would be crossing in the next two weeks and she was freaking out and telling me that we have 60 days to get married from the day he got his visa...which means were pretty much screwed since it will be 60 days by the end of this week. I am so confused because I thought once he crossed with his visa, then we would have 90 days to get married, which was what the lawyer told me at first and now she's changing things around for me. So if anyone can please help!! I'd appreciate it....because this is really frustrating! PLEASE HELP!

Well, what can we say? That's a lawyer for you. YOU KNOW the reguirements (90 days), follow them.

I'd also tell the lawyer to take a hike and not pay them anymore, but just my personal opinion.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Ecuador
Timeline
I am almost certain that it goes like this
A gentle reminder to all posters: Being "almost certain" is not a justification to post information that others may rely upon, even if your information happens to be correct. Please be 100% certain, or refrain from posting. Few of us may wish to treat the immigration process as though we're firing our gun up into the air and hoping that a duck will be flying overhead right about then. Precision and exactness are crucial.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Italy
Timeline

The K1 visa expires 6 months after the day it was issued by the consulate. This means that the foreign fiance(e) has to enter the US within the expiration date printed on the visa.

After entering the US, the beneficiary of the visa has to marry the USC petitioner (and only the petitioner, not someone else) within 90 days, regardless of the visa expiration (say you enter 5 and a half months after the visa was issued, you still have 90 days to get married although the visa expires 2 weeks later).

In fact the expiration only refers to the date within which the beneficiary can enter the US under the K1 visa. Note that only one entrance is permitted under the K1 visa.

Getting married right after entering allows more time to collect the marriage certificate and apply for AOS, which should be preferably be done within the same 90 days, but nothing stands against getting married at the very end of the 90-day window.

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Be very careful on stating you have six months to enter with the K-1 visa, all though this is the normal length, it can be different for different reasons, for example, if your medical is only valid for 3 months, for some reason, the embassy can make the visa only good for that period of time.

So a more correct answer is that each individual should check the expiration date of their own visa and plan accordingly.

The lawyer in this case may be offering the advice to get married asap (within 60 days) to avoid any unpleasantness.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Colombia
Timeline

Hello TBoneTX

In many cases, I agree with you, however...

I am not an expert.. Not many of us on here are.. I am, like most on this forum, learning as I go.. However, I would never state something in certain terms as I am not qualified. That is why I stated "I am almost certain that it goes like this" which you quoted... It did not say "I am Certain"..

I specifically stated "I think you should ask your lawyer to recheck his info".. I believe that it made the point that the info given by her attorney was questionable, but that at least she should do more investigation on her own. the other thing was, that my post (as others) are clear that the point is that she should check into the matter further..

In most forums, people state things with qualifiers such as "Almost Certain" to indicate more investigation is needed and the original poster should inquire more. Also it leaves room for others who are more familiar to add thier thoughts as well..

In my post, I made sure to mention that the thread starter should have her attorney re-check her info. So, please try not to be so critical to posters.. it keeps people from offering any help with that kind of critique. In addition, this forum as well as other forums are full of post with similiar suggestions..

Again, I respect your opinion, but keep in mind, this is a forum of "E"-Friends helping "E"-Friends...

Kenny

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