6 Months?

[swordfish 0]

My fiance just entered the US on August 28th in NYC. I have read that the K-1 visa is valid for 6 months. Her interview was on June 18th and her visa was approved, but it is only valid until Nov 18th. Math was not my strongest subject, but I reckoned that 6 months from June 18th would be December 18th. We plan on getting married on October 30th. ( Scheduling issues pushed the date back to then.) According to what I have read, the AOS should be filed before the Visa expires. This will depend on getting a copy of the marriage certificate, thus I may not make the deadlines. (The immigration officer suggested an earlier civil ceremony.) I should be able to get the AOS filed within the 90 days, but I originally thought the visa was good until December. If I file it a few days past the 18th will it cause any major issues? Why was the visa only valid for 5 months instead of 6?

[NigeriaorBust 4,096]

A k1 visa has 2 clocks . The first starts when the visa is granted and expires when you enter the US or at 6 months , which ever is first. The second clock starts when you arrive and run2 until you get married or 90 days. If you fail to get married in 90 days after arrival you have to file for a spousal visa and pay all the fees again. It is recommended to file AOS asap after the marriage to avoid out of status time.

[menina 50]

Just make sure you marry within 90 days of entry to the US. The visa is already expired as it became invalid the moment she used it to enter the US. The date on there has nothing to do with your situation now. The I-94 should have a validity of 90 days. That is the date you need to be concerned with. Once you are married, I recommend filing for AOS as soon as possible, but technically there is not a time limit. The main concern is that you (your fiance) will be out of status if the I-94 has expired before filing AOS, but it can still be done. Good luck!

[Darnell 8,480]

According to what I have read, the AOS should be filed before the Visa expires.

This is wrong.

There is regulation to be married within 90 days of the I-94 issuance date, but...

Is NO REGULATION for filing AOS within 90 days of the I-94 issuance date.

MANY people DO NOT FILE within those 90 days...

IF you are able to file within 6 months of I-94 issuance date, you'll be fine (IMO)

you have 90 days from August 28, 2010, to get married.

If you'd like her to get a SSN, then

go into SSA office, apply in VISA name, bring passport and birth certificate, about 2 weeks after 28 AUG 2010. Ask the clerk to look up in the SAVE database, either via VISA name or A#. If not found in SAVE database, hey - don't sweat it, but withdraw the application, come back in a week, apply again. DO NOT let the clerk throw you in 'DHS/USCIS electronic verification' as this is absolutely a boondoggle, will delay all. She cannot apply for SSN on Day 75 past the POE date, so pay attention to a calendar, aye?

agree with NigeriaOrBust's explanation about the 2 clocks, absolutely, si! man!

[Scott and Mhay 57]

the validity was due to when the medical was done...Mhay's was the same way. We did the medical 2 months early, but when she got it, the visa was valid for 4 more months. Just worry about getting married within 90 days from when she entered the US. Then file the AOS as soon as practical.

[pookaphilus 12]

the validity was due to when the medical was done...Mhay's was the same way. We did the medical 2 months early, but when she got it, the visa was valid for 4 more months. Just worry about getting married within 90 days from when she entered the US. Then file the AOS as soon as practical.

good day!!.. I don't know..but as far as I know the 6 months count does not start after your medical exam, it starts at the date whenever they issue your visa..the 6 months validity of the visa upon issuance is considerable when ever she is still in the Phil(ex..she was issued visa Aug.25, if they plan for her to have her flight to US on Dec.25, then it's still okay coz she has 6 months validity)..as soon as she enters USA, she will start counting and have to be married within 90 days or else she will get deported...about applying for AOS, Darnel is right....btw, if I gave a wrong info please do correct...God bless us all in our journeys!!

[Scott and Mhay 57]

good day!!.. I don't know..but as far as I know the 6 months count does not start after your medical exam, it starts at the date whenever they issue your visa..the 6 months validity of the visa upon issuance is considerable when ever she is still in the Phil(ex..she was issued visa Aug.25, if they plan for her to have her flight to US on Dec.25, then it's still okay coz she has 6 months validity)..as soon as she enters USA, she will start counting and have to be married within 90 days or else she will get deported...about applying for AOS, Darnel is right....btw, if I gave a wrong info please do correct...God bless us all in our journeys!!

You may be correct but for us the visa was only valid for four months. Mhay had her medical in feb this year. Interview in april & visa issued in april but it was only valid until august not november like it should have been. Didn't matter though. I got her with me in may anyway. This was our experience & I have read where others have had the same through manila.

[Darnell 8,480]

ya, 'medical issues' move that 'validity of duration', from 6 months DOWN to something less.

examples are 'nice' but - one really needs to review the visa itself, study the dates printed in it, to be absolutely certain.