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Nick & Aki

K-1 Expiration and POE Confusion

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Filed: K-1 Visa Country: Japan
Timeline

I have much confusion with the dates when overlapping and I'm looking for a check for my understanding. So..in our case my fiance Aki (Japan) had her medical exam a couple weeks ago and is waiting for her interview. The US-Japan consulate states that when the Visa is issued, it will match the date of the med exam for the start date which is a total of 6 months. To make things easier i will round off the dates: What we are looking at then is if the stated approved date for the K-1 is June 1st then the end date will be December 1st. She was planning on moving to the US November 1st. If so, does this mean from November 1st till December 1st, she will have to:

1. Move to US

2. Marry me

3. Apply for the Adjustment of Status

*OR*: does the K-1 get extended another 3 months from the date she arrives in the US, bringing it to Feb 1st to get married and apply for AoS? I found this

This 90-day EAD expires when your 90-day K1 expires.
This 90-day EAD expires when your 90-day K1 expires. So this leads me to believe the K1 is extended 90 days after arrival.

BUT:

**Another way I understand is, for example, she moves to the US July 1st, we would have till October 1st to get married(3 months) and until Dec 1st(end 6 months from K-1 issue & expire) to file for the Adjustment of Status.

It seems the 6 month period validity of the K-1 is the max time to complete the numbered goals i listed above. Do I have this right????

It's not clear to me what my fiance's status will be from the time we are married till the AoS is complete and accepted.

Please help, and if possible please include some reference links. I've read many things over and over but still seem vague.

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Filed: Citizen (apr) Country: Canada
Timeline

K-1 is not extended it is a ONE TIME use visa. You enter and it is then void.

She will get an I-94 that will last 90days. She must marry within the 90days.

After that apply for AOS as soon as possible.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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If she comes November 1 you then have 90 days to marry and apply for AOS. If she comes July 1st you then have 90 days to marry and AOS. This page answers one of your questions http://travel.state.gov/visa/immigrants/types/types_2994.html. I do not know what the status is called when you marry and you have sent in your AOS and waiting for AOS to be accecpted. Hopefully someone who knows more then I can answer that part. I did not know the embassy in Japan uses the date from the medical as the start date on the visa. Good luck on Aki's upcoming interview.


AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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

Visa is only for entry.

Day0 -->Day180 (Validity of K1 Visa) means she can enter US on any of the day between day 0 and day 180. So lets say she enters Day152.

Starting day152 you will have 90 days to get married and file for AOS.

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Filed: K-1 Visa Country: Japan
Timeline

I did not know the embassy in Japan uses the date from the medical as the start date on the visa.

Yeah, its right on their embassy page, nice and clear with an example and everything. Thankfully the two are only about 2 weeks apart, but hopefully she can get the rest of her vaccinations and records submitted to the original Dr in time to be sent to the interview.

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fyi, you DO NOT have to apply for AOS before the 90 day/I-94 expires. People recommend it...not 100% sure why. I waited & filed recently after my POE was last November. this mis-information seems quite common on these boards. Matt

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matt*lene, for me and I am going to guess for other people to is they file for AOS within the 90 days is so the foreign spouse can work. If you do not file for AOS on a k-1 visa the foreign spouse cannot work.


AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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Filed: K-1 Visa Country: Vietnam
Timeline

fyi, you DO NOT have to apply for AOS before the 90 day/I-94 expires. People recommend it...not 100% sure why. I waited & filed recently after my POE was last November. this mis-information seems quite common on these boards. Matt

Nobody here says it's mandatory to file for AOS before the I-94 expires. Everyone acknowledges that there is no time limit. People here do strongly recommend it because the K1 visa holder is out of status when the I-94 expires - a sort of legal limbo in which they can't work, can't get a Social Security Number (unless they already have one), can't get a drivers license or state ID, can't go to most community colleges or universities, can't travel outside the US and return, can't get within 100 miles of the border with Mexico or risk a confrontation with CBP, and the list goes on. In other words, they become a non-person.

We waited a few extra months to file the AOS applications for my wife and step-kids. We knew the risk and consequences, and we accepted them when we chose to wait. Anyone else making the same decision should also understand those risks and consequences, and should also be willing to accept them. What we see, all too often instead, are people saying "I can't afford the AOS filing fees right now. Can my K1 spouse start working so we can save up some money?", or "Why can't my K1 spouse get a drivers license? How will he/she be able to work so we can save up money to pay for the AOS?". :whistle:


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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Nobody here says it's mandatory to file for AOS before the I-94 expires.

sure reads that way on some of the above 'informative' posts. i've seen this mis-leading AOS info all over these forums, like I said mate, otherwise I wouldn't have posted about it. Thanks for the info about why some people advise AOS'ing asap, I did realise all those points. It was just a rhetorical question I guess. each person has different needs & i don't want people panicked into adjusting if they don't want, need or able to within 90 days (as was our case) - that was really my message. i've had a well needed break from work lol - well i do travel with my wife & volunteer at her job. matt

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andy and pui - f she comes November 1 you then have 90 days to marry and apply for AOS. If she comes July 1st you then have 90 days to marry and AOS. This page answers one of your questions http://travel.state....types_2994.html. I do not know what the status is called when you marry and you have sent in your AOS and waiting for AOS to be accecpted. Hopefully someone who knows more then I can answer that part. I did not know the embassy in Japan uses the date from the medical as the start date on the visa. Good luck on Aki's upcoming interview.

0

harsh 77 - Visa is only for entry.

Day0 -->Day180 (Validity of K1 Visa) means she can enter US on any of the day between day 0 and day 180. So lets say she enters Day152.

Starting day152 you will have 90 days to get married and file for AOS.

theres just two posts (from only 1 message string) demonstrating what i said about the i-94 90 day limit-please read carefully if you didnt understand the point i was making. matt

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Filed: Country: China
Timeline

:thumbs:

Visa is only for entry.

Day0 -->Day180 (Validity of K1 Visa) means she can enter US on any of the day between day 0 and day 180. So lets say she enters Day152.

Starting day152 you will have 90 days to get married and file for AOS.

:thumbs:

You're looking at two different clocks so to speak.


Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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