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Filed: Lift. Cond. (apr) Country: China
Timeline

My fincees visa expired on February 8, and we thought we had until the 15th to get married. Anyone have any ideas what to do next?

You have 90 days after entry into the US to get married. The K1 visa expiry date has no meaning, It is just the date you have to enter the US by.


Visa K1

NOA1 02/23/09

NOA 2 07/14/09

NVC out 07/24/09

P3 08/17/09

P3 Out 08/19/09

P4 09/10/09

Interview date:10/20/09...We are Pink!

Visa Picked up 10/22/09

Stateside Feb 3rd. 2010. POE: JFK

Married Feb 20th, 2010

===================================

AOS sent 4/6/10

NOA1 4/13/10

Biometrics 5/7/10 (Appointment Letter Recvd 4/27/10)

I485 transferred to CSC 4/30/10

Email received, AP and EAD approved 6/17/10.

AP received 6/25/10.

EAD received 6/28/10

Email, Card production ordered 8/16/10.

GC in Hand 8/27/10

=========================================

I-751 Mailed 6/22/12

Biometrics 7/20/12

Approved 2/14/13

GC in Hand 2/21/13

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If the date on her I-94 has expired, then you should get married asap, and then you will have to file some additional paperwork with your AOS. In addition to the I-485 package you would normally have had to submit on a K-1 visa entry, you will also have to submit a I-130 package, for an additional $420 fee, and get a new medical. You would follow this guide:

http://www.visajourney.com/content/i130guide2

Good luck and don't panic.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: China
Timeline

You have 90 days after entry into the US to get married. The K1 visa expiry date has no meaning, It is just the date you have to enter the US by.

Exactly!

Many posts where people confuse Visa expiration date as date that a marriage has to happen, it is NOT. Marrriage needs to happen within 90 days of entry, the date noted on the I-94 card.

Recent thread:

http://www.visajourney.com/forums/topic/295433-overstay-k1-visa/


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Citizen (apr) Country: China
Timeline

im sorry i should have been more clear- the expiration date on the I-94 is 2/08/2011...THAT was 90 days since arrival. We wanted to get married on Valentines Day...I hope we havent made a big mistake!!

Not a big mistake, however you will have to file an I-130 along with I-495 and add additional $430 for the spouse petition.

http://www.visajourney.com/content/i130guide2


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Other Country: China
Timeline

Not a big mistake, however you will have to file an I-130 along with I-495 and add additional $430 for the spouse petition.

http://www.visajourn...tent/i130guide2

It's $420, not $430. You'll also incur the cost of a new medical but often that's the same Civil Surgeon bill you would have paid for the vaccination supplement anyway.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Citizen (apr) Country: China
Timeline

im sorry i should have been more clear- the expiration date on the I-94 is 2/08/2011...THAT was 90 days since arrival. We wanted to get married on Valentines Day...I hope we havent made a big mistake!!

I will add it was a $420 mistake, simply file AOS ASAP to minimize overstay time.

Anyway if the plan was to marry on Feb 14, then it would have been prudent to hold on traveling to the USA on the visa until you were less than 90 days before Feb 14, if the visa expiration allowed this. This would have resulted in an I-94 with an expiration date after Feb 14. Well it's water under the bridge.

MOVING to AOS forum...

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Shouldn't this thread go in AOS- other because now the OP is a concurrent filer?

Don't mean to second-guess, just worried the OP might get K-1 advice here and get more confused.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: China
Timeline

Shouldn't this thread go in AOS- other because now the OP is a concurrent filer?

Don't mean to second-guess, just worried the OP might get K-1 advice here and get more confused.

This is one of those split decision ones. The OP is not adjusting status from a Work, Student or Tourist visa. In essence they are still adjusting from a family based visa the K-1, only in this case they need to attach a new petition to base AOS on, incidentally the I-130 petition is a family based visa petition.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: K-1 Visa Country: Vietnam
Timeline

This is one of those split decision ones. The OP is not adjusting status from a Work, Student or Tourist visa. In essence they are still adjusting from a family based visa the K-1, only in this case they need to attach a new petition to base AOS on, incidentally the I-130 petition is a family based visa petition.

They're not eligible to adjust based on the K1 because they didn't marry within 90 days. They'll be adjusting based on an immediately available visa number from an approved I-130, the same as someone who entered with any other non-immigrant visa.

However, I agree that the thread belongs in this forum. Other K1's are the people who will benefit from the information in this thread.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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