K-1 Visa Expiry

[Yodrak 7]

CherryXS,

As what was pointed out in that thread?

There was nothing mentioned in that thread that relates to the value of a K1 visa during the period after the holder has entered the USA and before marriage.

Yodrak

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

I agree with Yodrak

As was pointed out in the following thread on travel (the OP had wanted to do a honeymoon in Montreal after a K-1 marriage to Limey):

http://www.visajourney.com/forums/index.php?showtopic=33274

[WifeOHunkyJohn 2]

WifeOHunkyJohn,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3

Yodrak

Waiting in Vancouver,

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

I agree with Yodrak

I also agree with Yodrak.

Peter Miami

I have obviously missed something in this discussion because the comment I am replhing to is discussion that the visa should still hold some value should the person leave the US before getting married. We were told specifically this was NOT the case (not that we wanted to, but the immigration folks wanted to make sure we knew the rules). On the USCIS own page it states the following:

Background

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) For more information, please see How Do I Become a Legal Permanent Resident While in the United States?. Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status. For more information, please see How Do I Remove the Conditions on Permanent Residence Based on Marriage?.

Please note: Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa. (Please see How Can I Get a Travel Document? for additional travel information if your fiancé(e) will apply to become a legal permanent resident after you are married.)

I wasn't saying it to be pissy, I was saying that you cannot come into the USA on a K1 visa, leave the USA and come in on the same visa, which was what I read was being implied in the comment: "Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA."

Lastly, I dont know where you are telling me to look with regards "See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3".

thanks

Annie

[john_and_marlene 162]

WifeOHunkyJohn,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3

Yodrak

Waiting in Vancouver,

Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA.

Yodrak

....

Just so you know your Visa expired the day you activated it at your POE .......

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

I agree with Yodrak

I also agree with Yodrak.

Peter Miami

I have obviously missed something in this discussion because the comment I am replhing to is discussion that the visa should still hold some value should the person leave the US before getting married. We were told specifically this was NOT the case (not that we wanted to, but the immigration folks wanted to make sure we knew the rules). On the USCIS own page it states the following:

Background

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) For more information, please see How Do I Become a Legal Permanent Resident While in the United States?. Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status. For more information, please see How Do I Remove the Conditions on Permanent Residence Based on Marriage?.

Please note: Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa. (Please see How Can I Get a Travel Document? for additional travel information if your fiancé(e) will apply to become a legal permanent resident after you are married.)

I wasn't saying it to be pissy, I was saying that you cannot come into the USA on a K1 visa, leave the USA and come in on the same visa, which was what I read was being implied in the comment: "Anyway, that visa might still have some value should the holder have to leave the USA before getting married and before the end of the 90-day stay in the USA."

Lastly, I dont know where you are telling me to look with regards "See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3".

thanks

Annie

If the K1 beneficiary has to travel outside the U.S. for emergency reasons before getting married, the consulate can revalidate the K1 for another U.S. entry, but the 90 day deadline for marriage is still calculated from the first entry. This revalidation is not guaranteed. It is up to the discretion of the consulate and the time remaining and the nature of the emergency will be taken into account.

[WifeOHunkyJohn 2]

If the K1 beneficiary has to travel outside the U.S. for emergency reasons before getting married, the consulate can revalidate the K1 for another U.S. entry, but the 90 day deadline for marriage is still calculated from the first entry. This revalidation is not guaranteed. It is up to the discretion of the consulate and the time remaining and the nature of the emergency will be taken into account.

They seriously did not tell us that, in fact I was warned that if I were to leave during the 90 days and not be married, it would be next to impossible to get back in unless we applied for the K1 visa from scratch. I guess the fact it is up to the discretion of the consulate makes it one of those luck-of-the-draw things.

oh well, now i know.

[Yodrak 7]

Annie,

Do not expect the USCIS to know obscure details, expecially obscure details that are outside of their jurisdiction. (VJers or other amateurs, including myself, either for that matter.)

There's a reason why it's recommended that if one wants legal advice they should consult with a lawyer.

The FAM is the Foerign Affairs Manual, a guide book that tells DoS staff what their jobs are and how to do them. "Google is your friend" (meauxna)

Yodrak

If the K1 beneficiary has to travel outside the U.S. for emergency reasons before getting married, the consulate can revalidate the K1 for another U.S. entry, but the 90 day deadline for marriage is still calculated from the first entry. This revalidation is not guaranteed. It is up to the discretion of the consulate and the time remaining and the nature of the emergency will be taken into account.

They seriously did not tell us that, in fact I was warned that if I were to leave during the 90 days and not be married, it would be next to impossible to get back in unless we applied for the K1 visa from scratch. I guess the fact it is up to the discretion of the consulate makes it one of those luck-of-the-draw things.

oh well, now i know.

.../ On the USCIS own page it states the following:

......

Lastly, I dont know where you are telling me to look with regards "See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3".

Annie

Edited October 5, 2006 by Yodrak

[Saddle Bronc 124]

CherryXS,

As what was pointed out in that thread?

There was nothing mentioned in that thread that relates to the value of a K1 visa during the period after the holder has entered the USA and before marriage.

Yodrak

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

As was pointed out in the following thread on travel (the OP had wanted to do a honeymoon in Montreal after a K-1 marriage to Limey):

http://www.visajourney.com/forums/index.php?showtopic=33274

Your own words (red-bold) basically reinforced--K-1 being single-entry, you can't subsequently re-enter US without AP.

[Yodrak 7]

CherryXS,

Those aren't my words, they're Annie's (WifeOHunkyJohn).

And they aren't from the thread that you pointed to, they're from this thread.

So again - what was the relevance of that travel thread you referenced?

Yodrak

CherryXS,

As what was pointed out in that thread?

There was nothing mentioned in that thread that relates to the value of a K1 visa during the period after the holder has entered the USA and before marriage.

Yodrak

The visa is a one stop deal and can NOT be used to leave the USA and come back before you get married. ANYBODY WHO HAS HAD A K1 VISA WILL TELL YOU THAT!!!

As was pointed out in the following thread on travel (the OP had wanted to do a honeymoon in Montreal after a K-1 marriage to Limey):

http://www.visajourney.com/forums/index.php?showtopic=33274

Your own words (red-bold) basically reinforced--K-1 being single-entry, you can't subsequently re-enter US without AP.

[Saddle Bronc 124]

CherryXS,

Those aren't my words, they're Annie's (WifeOHunkyJohn).

And they aren't from the thread that you pointed to, they're from this thread.

So again - what was the relevance of that travel thread you referenced?

Yodrak

Yes the words are from this thread.

You should read more carefully--what I meant was that the same idea is also conveyed in that travel thread (notwithstanding my suggestion on that thread of the Limey K-1 making a trip to Montreal first and then flying to US through Dorval's PFI).

[Yodrak 7]

CherryXS,

The issue that thread - making a trip to Montreal after marriage - is not relevant to the issue intriduced in this thread that a K1 visa has some value during the period after entry to the USA and before marriage.

Marriage does end all remaining value of the visa.

Yodrak

CherryXS,

Those aren't my words, they're Annie's (WifeOHunkyJohn).

And they aren't from the thread that you pointed to, they're from this thread.

So again - what was the relevance of that travel thread you referenced?

Yodrak

Yes the words are from this thread.

You should read more carefully--what I meant was that the same idea is also conveyed in that travel thread (notwithstanding my suggestion on that thread of the Limey K-1 making a trip to Montreal first and then flying to US through Dorval's PFI).

Edited October 5, 2006 by Yodrak