How long is the K-1 visa valid upon issuance..

[workaholic 0]

Hey Folks,

Just wanted to know how long is the K-1 visa valid upon issuance... and once a fiance enters , does she have to apply for AOS before the expiration of the visa , or 3 months after her entrance into US...

Please advise... thanks

[EAbbas 213]

Hey Folks,

Just wanted to know how long is the K-1 visa valid upon issuance... and once a fiance enters , does she have to apply for AOS before the expiration of the visa , or 3 months after her entrance into US...

Please advise... thanks

http://www.visajourney.com/faq/k1k2visa-outline.html

3.Once you have the K1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1.

4. Once in the United States, you have 90 days to get married (see "Special Note" at question 3.7)

5. Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).

Edited October 9, 2011 by EAbbas

[workaholic 0]

thanks Abbas!!!

[EAbbas 213]

thanks Abbas!!!

very welcome!!! Good luck!

[Ryan H 3,932]

Just wanted to know how long is the K-1 visa valid upon issuance...

The expiration date will be printed on the visa, while 6 months validity is the norm, it may be less than that so it's very important to closely check the expiration date and use the visa before that date.

[skiptex 225]

that is the way i understand it.. the Expiration.. is on the visa.. look for it.. its like waldo

[Gary and Alla 3,696]

http://www.visajourney.com/faq/k1k2visa-outline.html

3.Once you have the K1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1.

4. Once in the United States, you have 90 days to get married (see "Special Note" at question 3.7)

5. Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).

Your fiancee must enter the US within 6 months of the visa issuance

You must get married within 90 days or her entry to the US

There is no particular period in which the fiance(e) (now spouse) must file for AOS. The AOS can be filed any time after marriage and an official marriage certificate is obtained. It need not ne "immediately" after.

[EAbbas 213]

Your fiancee must enter the US within 6 months of the visa issuance

You must get married within 90 days or her entry to the US

There is no particular period in which the fiance(e) (now spouse) must file for AOS. The AOS can be filed any time after marriage and an official marriage certificate is obtained. It need not ne "immediately" after.

i didn't write those answer myself which was also why i gave that particular link.... if number 3 is not correct per the link... then why is it there? or maybe it shoulb be rephrased to say YOU SHOULD file for.....or THE NEXT STEP is....

Edited October 9, 2011 by EAbbas

[JimVaPhuong 4,865]

i didn't write those answer myself which was also why i gave that particular link.... if number 3 is not correct per the link... then why is it there? or maybe it shoulb be rephrased to say YOU SHOULD file for.....or THE NEXT STEP is....

In spite of that being an "official" VJ list, there are several errors or discrepancies in it.

A K1 visa is valid for a maximum of six months, but occasionally is valid for less time. For example, if the medical exam expires in less than six months from the day the K1 visa is issued then the K1 will probably be scheduled to expire the same day the medical exam expires.

A K2 visa may be issued within one year of the issuance of a K1 visa, but a K2 visa is also only valid for a maximum of six months. A K2 can enter the US more than one year after the K1, as long as the visa is still valid. For instance, the K2 visa can be issued one day before the one year time limit expires, and the K2 visa could still be valid for a further six months.

There is no statutory requirement for when a K1 (or K2) must apply for adjustment of status. If the K1 beneficiary marries the petitioner within 90 days of entry then they remain eligible to adjust status based on the K1 petition virtually forever, as long as they're still married to the petitioner. One limitation is that adjustment of status based on a K1 petition and marriage must be to conditional permanent resident, even if the marriage is more than two years old by the time the K1 adjusts status. Some USCIS IO's have insisted that a new I-130 petition be submitted in this case, since adjustment of status based on an I-130 petition may be to unconditional permanent resident. Even if the IO doesn't insist on it, if a K1 waits more than two years to adjust status then it would be prudent for the US citizen spouse to submit an I-130 with the adjustment of status application. This will allow the K1 beneficiary to adjust to unconditional permanent resident and skip removal of conditions.

The VJ outline is simply wrong when it says you must apply for adjustment of status immediately after marriage. It's wise to file as soon as possible, but there is no deadline after which the K1 would no longer be eligible to adjust.

[Jim N Augie 16]

I think USCIS simply would prefer you file AOS as soon as you marry. I have seen many people mention it is usually a year after marriage when they do it and some even wait 2 years. I have also been told it can get complicated after 2 years though. As it was explained to me technically you are considered out of status and the only real issue is you can be denied re-entry until AOS is done. Jim.

[Gary and Alla 3,696]

i didn't write those answer myself which was also why i gave that particular link.... if number 3 is not correct per the link... then why is it there? or maybe it shoulb be rephrased to say YOU SHOULD file for.....or THE NEXT STEP is....

Simple. VJ is in error and VJ is not the one that makes the laws. Read the LAWS and instructions. Contact VJ administration about corrections. VJ making a mistake does not change the law.

There is NO particular time requirement to file for AOS by law. It is BEST to file as soon as possible for the benfits it brings your spouse but it is NOT a requirement.

I think USCIS simply would prefer you file AOS as soon as you marry. I have seen many people mention it is usually a year after marriage when they do it and some even wait 2 years. I have also been told it can get complicated after 2 years though. As it was explained to me technically you are considered out of status and the only real issue is you can be denied re-entry until AOS is done. Jim.

USCIS has no preference and there is no requirment to EVER file for adjustment of status. Not filing in a reasonable time frame COULD cause there to be questions regarding legitimacy and your spouse cannot re-enter the country if they leave and they cannot work, so YES it is much to your advantage to file for AOS immediately.

As for us, my wife had her green card in her hand four months after arriving.

But it is not a law.

Edited October 9, 2011 by Gary and Alla

[Jim N Augie 16]

I am only saying I've seen comments from many that much after 2 years you get alot of questions and maybe even submitting forms again so to me that would seem they have a preference. I just think theres alot of good reasons to do AOS in a timely manner but to each thier own. jim.