K1 and K2 Visa Expiration

[SchatzieCharlie 4]

Hello, this is Charlie. Schatz and I are in a unique situation, just like everyone else’s, I am detailed oriented person. Like for us to be prepared for January/February and “not to be caught with our pants down.”

My fiancé and her son are coming to the US in early January. Their visas (K1 and K2) expire mid-February.

What we would like to know, will the 90 days that are given for marriage and AOS be truncated due to the expiration of the visas or will the 90 days supersede the expiration and allow us to use that time as needed.

Basically… arrive early January… the 90 days that are given after the POE will...

a) be shortened due to the expiration (mid-February) of the visas.

b) take over from the POE.

Much appreciated,

~Charlie

[payxibka 10,044]

Hello, this is Charlie. Schatz and I are in a unique situation, just like everyone else’s, I am detailed oriented person. Like for us to be prepared for January/February and “not to be caught with our pants down.”

My fiancé and her son are coming to the US in early January. Their visas (K1 and K2) expire mid-February.

What we would like to know, will the 90 days that are given for marriage and AOS be truncated due to the expiration of the visas or will the 90 days supersede the expiration and allow us to use that time as needed.

Basically… arrive early January… the 90 days that are given after the POE will...

a) be shortened due to the expiration (mid-February) of the visas.

b) take over from the POE.

Much appreciated,

~Charlie

You are misunderstanding the "clocks" associated with a K-1/2. The visa expiration governs the entrance into the USA ONLY. In other words, they must present themselves at a US border on or before that date. Upon entry the visa is no longer valid (as it is a single entry visa and it has been used) and any date associated with that visa is meaningless

Upon entry, a brand NEW 90 day clock begins and will be indicated on the I-94 entrance/departure document that they will receive at the border (this is initially filled out on the aircraft prior to arrival). It is that expiration date on the I-94 that the K-1 entrant must marry by in order to adjust status from K-1 to resident (and the expiration of the I-94 will be 90 days from the date of entry).

Edited October 24, 2010 by payxibka

[baron555 934]

The visas are used to enter the US. They will do that within the 6 month timeline. The visas are one-time use only, they are cancelled at the POE and they are given a new I-94 visa which has a expiration of 90 days. That is when you have to get married within that timing.

[Gary and Alla 3,694]

Hello, this is Charlie. Schatz and I are in a unique situation, just like everyone else’s, I am detailed oriented person. Like for us to be prepared for January/February and “not to be caught with our pants down.”

My fiancé and her son are coming to the US in early January. Their visas (K1 and K2) expire mid-February.

What we would like to know, will the 90 days that are given for marriage and AOS be truncated due to the expiration of the visas or will the 90 days supersede the expiration and allow us to use that time as needed.

Basically… arrive early January… the 90 days that are given after the POE will...

a) be shortened due to the expiration (mid-February) of the visas.

b) take over from the POE.

Much appreciated,

~Charlie

The vuisa expiration is the date by which they must ENTER the USA. Their one entry visas will be CANCELLED upon arrival and replaced by an I-94 valid for 90 days. You MUST get married within that 90 day period AFTER they arrive. You are fine.

Nothing "supecedes" anything in this process. each document has an expiration that applies ONLY to that document and it's use. The K-1 visa is a document to allow you to enter the USA only ONE time. Once you have entered it has no value or no further use (but DO NOT tear it out and destroy it)

[SchatzieCharlie 4]

All~

Thank you to all who have shared their knowledge and the clarifications on the expiration dates and what the paperwork represents. Now we just to get ready for AOS (in the near future).

Much appreciated,

~Charlie