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ez075318

does my fiance need to leave the country after 90 days?

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Filed: Timeline

My fiance just got the K-1 visa! but she read to me that after 90 days she needs to leave US. We intend to get marry soon after she enter US (about 1 to 2 weeks), but I worry if the adjustment of the status will not come on time and she has to leave. Can someone shed some lights?

thank you.

Christopher Yang

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Filed: Citizen (apr) Country: Australia
Timeline

If she doesn't marry you in the 90 days then yes she needs to leave. If she DOES marry you in the 90 days then she can stay and she should apply for AOS asap. There is no deadline to file, but sooner is better.

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My fiance just got the K-1 visa! but she read to me that after 90 days she needs to leave US. We intend to get marry soon after she enter US (about 1 to 2 weeks), but I worry if the adjustment of the status will not come on time and she has to leave. Can someone shed some lights?

thank you.

Christopher Yang

Your fiancee misread the information. Within 90 days of arriving to the US using her K-1 visa she needs to legally marry you (the petitioner). The AOS should happen as soon as possible after getting married. In fact, she should NOT leave the US untile she get her Advance Parole or her Permanent Resident Card.


August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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