Time limits for K-1?

[Cam&jada 2]

Hello all,

I am hoping I can get some clarification on the time limits when working through the K-1 Fiancee Visa process. If I understand it correctly, the two main deadlines are that you have are that of having 6 months from the time that your Visa is issued to travel to the States, and also that you have 90 days to get married.

My questions are as follows:

1. I read today that the date of the medical exam is tied to the K-1. Is there a time frame in which the medical expires and you won't be able to travel to the States?

2. This is probably an obvious question, but with the 90 days that you have to get married, does that clock start as soon as you enter the States, or does it start with something else?

In other words, if the Visa is issued February 1st, do we have a 6 month window from that date for her to come to the States, then 90 days from the day she gets to the States to get married? And is there any reason to think that the medical exam expires prior to the 6 month window?

Thanks ahead of time for your responses!

[DavenRoxy 1,073]

Hello all,

I am hoping I can get some clarification on the time limits when working through the K-1 Fiancee Visa process. If I understand it correctly, the two main deadlines are that you have are that of having 6 months from the time that your Visa is issued to travel to the States, and also that you have 90 days to get married.

My questions are as follows:

1. I read today that the date of the medical exam is tied to the K-1. Is there a time frame in which the medical expires and you won't be able to travel to the States?

2. This is probably an obvious question, but with the 90 days that you have to get married, does that clock start as soon as you enter the States, or does it start with something else?

In other words, if the Visa is issued February 1st, do we have a 6 month window from that date for her to come to the States, then 90 days from the day she gets to the States to get married? And is there any reason to think that the medical exam expires prior to the 6 month window?

Thanks ahead of time for your responses!

No. You have 6 months from the time of your medical until your POE into the USA. Yes, after your POE, you have to be married in 90 days. Actually, it's 89, cuz the day you arrive is day 1. Clock starts NOW, upon POE.

[Cam&jada 2]

Ok. Thanks for clarifying! It certainly shouldn't be an issue, as we plan to do all of this much earlier, and obviously the date of the medical isn't too much earlier than the interview, but I get worried that they will take their time issuing the visa after the interview and things will get held up.

This site and everyone on it rocks. So many helpful people.

[Dave&Roza 748]

Hello all,

I am hoping I can get some clarification on the time limits when working through the K-1 Fiancee Visa process. If I understand it correctly, the two main deadlines are that you have are that of having 6 months from the time that your Visa is issued to travel to the States, and also that you have 90 days to get married.

My questions are as follows:

1. I read today that the date of the medical exam is tied to the K-1. Is there a time frame in which the medical expires and you won't be able to travel to the States?

2. This is probably an obvious question, but with the 90 days that you have to get married, does that clock start as soon as you enter the States, or does it start with something else?

In other words, if the Visa is issued February 1st, do we have a 6 month window from that date for her to come to the States, then 90 days from the day she gets to the States to get married? And is there any reason to think that the medical exam expires prior to the 6 month window?

Thanks ahead of time for your responses!

You should look at the visa when it is issued to see when it expires. Ours was valid for a full 6 months from the date of the INTERVIEW. Most of the people who claim that the visa expiration date is tied to the medical are form the PI and they also have to go thru a TB test whereas my wife did not (also we went thru the process K-1 process coming up on 4 years ago and things may have changed with regards to the validity period of the visa). So this MAY be country specific. Either way, there will be an expiration date on the visa. The K-1 visa holder has until that date to enter the US. After entry, you go to the CBP website and get a copy of your I-94 form. You have until the I-94 expires to get married by as the I-94 is valid for 90 days. After that you have completed your obligations of the K-1 visa.

A couple of items to think about are the adjustment of status (AOS) and filing for a SSN. You can file for a SSN based on a valid K-1 status which the SSA takes to mean until the I-94 expires, however; the SSA will not process an application for a SSN after day 74 or so (about 2 weeks before the I-94 expires is the cut-off. Some SSA offices will give you the full 2 weeks and others will cut you off a few days earlier so that is why I say about 74 days instead of 76). The SSN is one of those things that is nice to get early, but it is not required. Also apply in the name that is on the K-1 visa and the I-94 form to minimize problems. The filing fee for AOS is $1070 and your spouse cannot work or re-enter the US without the employment Authorization document (EAD), Advance Parole (AP), or the GC (filing for them is free when filed with or after the I-485). So the sooner after marriage you file for AOS the sooner your spouse can begin their new life in the US. There is not time limit to filing, but after the I-94 expires your spouse will be in the US illegally and accruing over-stay days. This is forgiven when the GC is approved, but there can be issues if your spouse is near one of the US boarders and is stopped by the CBP at a check-point, Best to file AOS ASAP after marriage.

Good luck,

Dave

[Cam&jada 2]

Great. Tons of helpful information. I will need to save this response so I can refer to it soon. Thanks!

[DavenRoxy 1,073]

You should look at the visa when it is issued to see when it expires. Ours was valid for a full 6 months from the date of the INTERVIEW. Most of the people who claim that the visa expiration date is tied to the medical are form the PI and they also have to go thru a TB test whereas my wife did not (also we went thru the process K-1 process coming up on 4 years ago and things may have changed with regards to the validity period of the visa). So this MAY be country specific. Either way, there will be an expiration date on the visa. The K-1 visa holder has until that date to enter the US. After entry, you go to the CBP website and get a copy of your I-94 form. You have until the I-94 expires to get married by as the I-94 is valid for 90 days. After that you have completed your obligations of the K-1 visa.

A couple of items to think about are the adjustment of status (AOS) and filing for a SSN. You can file for a SSN based on a valid K-1 status which the SSA takes to mean until the I-94 expires, however; the SSA will not process an application for a SSN after day 74 or so (about 2 weeks before the I-94 expires is the cut-off. Some SSA offices will give you the full 2 weeks and others will cut you off a few days earlier so that is why I say about 74 days instead of 76). The SSN is one of those things that is nice to get early, but it is not required. Also apply in the name that is on the K-1 visa and the I-94 form to minimize problems. The filing fee for AOS is $1070 and your spouse cannot work or re-enter the US without the employment Authorization document (EAD), Advance Parole (AP), or the GC (filing for them is free when filed with or after the I-485). So the sooner after marriage you file for AOS the sooner your spouse can begin their new life in the US. There is not time limit to filing, but after the I-94 expires your spouse will be in the US illegally and accruing over-stay days. This is forgiven when the GC is approved, but there can be issues if your spouse is near one of the US boarders and is stopped by the CBP at a check-point, Best to file AOS ASAP after marriage.

Good luck,

Dave

You DO realize that you are posting in the PI forum, right? That's where people from the PI get the best help, because it revolves around USEM and other peoples' experiences with the process there, not from other countries.

Do you live near such a border, and have you had issues? Because I know of a VJ'er here whose wife went thru those checkpoints on the AZ border on a near-daily basis, and they report no issues at all.

Good advice on getting the SSN early, I recommend it also.

There can be a cost savings on not doing AOS, just getting married and filing for ROC at the 3-year mark. But of course, the immigrant can't work those three years, and the medical has to be re-done since it will be over 1 year old. But you avoid paying some of those AOS fees. We did not do that, just saying it is possible.

[Dave&Roza 748]

You DO realize that you are posting in the PI forum, right? That's where people from the PI get the best help, because it revolves around USEM and other peoples' experiences with the process there, not from other countries.

Do you live near such a border, and have you had issues? Because I know of a VJ'er here whose wife went thru those checkpoints on the AZ border on a near-daily basis, and they report no issues at all.

Good advice on getting the SSN early, I recommend it also.

There can be a cost savings on not doing AOS, just getting married and filing for ROC at the 3-year mark. But of course, the immigrant can't work those three years, and the medical has to be re-done since it will be over 1 year old. But you avoid paying some of those AOS fees. We did not do that, just saying it is possible.

Nope, I missed that this time. No I have not had any experience with the CBP near either border, but we have a plant near the Mexico boarder and one of the workers there has related stories about his experiences with the CBP in NM and he is a USC who happens to also be Hispanic. He gets harassed all the time and he is a USC. Of course they are about 25 miles from the Mexican boarder and there is a lot of drug activity in the area. Just want to make the OP aware and others aware that they COULD have problems if they do not file AOS in a timely matter. As with all things immigration related YMMV.

Dave

[Hank_ 9,174]

There is no issue delaying filing AOS, all CBP wants to see is the passport with affixed visa, after that they relax and wave ya through, they don't get all crazy checking to see if the person has filed for AOS.

The CBP officer did state that my wife needs to travel with her passport in her possession at all times until she gets her EAD or GREEN CARD.

[DavenRoxy 1,073]

Nope, I missed that this time. No I have not had any experience with the CBP near either border, but we have a plant near the Mexico boarder and one of the workers there has related stories about his experiences with the CBP in NM and he is a USC who happens to also be Hispanic. He gets harassed all the time and he is a USC. Of course they are about 25 miles from the Mexican boarder and there is a lot of drug activity in the area. Just want to make the OP aware and others aware that they COULD have problems if they do not file AOS in a timely matter. As with all things immigration related YMMV.

Dave

There is no issue delaying filing AOS, all CBP wants to see is the passport with affixed visa, after that they relax and wave ya through, they don't get all crazy checking to see if the person has filed for AOS.

The CBP officer did state that my wife needs to travel with her passport in her possession at all times until she gets her EAD or GREEN CARD.

There ya go, I was referring to Hank's wife. See, no issue. Then again, she's not a Mexican in a border town with known illegals crossing, eh?

And you're right, Dave, YMMV should become our official slogan in the VJ process, cuz we ALL know things are different constantly. It's frustrating to see, and hear of other people's issues with this process. One person gets denied because they need a co-sponsor because they are BARELY under the threshold. Then the next couple get approved, no problem, and they are well under it. It doesn't make any sense, and at the end of the day, I reckon it all boils down to the mood of the CO.

It's interesting that your visa is good for 6 months from interview, not the medical. We THOUGHT that was the case for us, and nearly had to do it all over again because I was deployed to Afghanistan for longer than her visa was good for, since her clock started ticking at medical time, which was about a month before interview. Strange...

[Hank_ 9,174]

There ya go, I was referring to Hank's wife. See, no issue. Then again, she's not a Mexican in a border town with known illegals crossing, eh?

And you're right, Dave, YMMV should become our official slogan in the VJ process, cuz we ALL know things are different constantly. It's frustrating to see, and hear of other people's issues with this process. One person gets denied because they need a co-sponsor because they are BARELY under the threshold. Then the next couple get approved, no problem, and they are well under it. It doesn't make any sense, and at the end of the day, I reckon it all boils down to the mood of the CO.

It's interesting that your visa is good for 6 months from interview, not the medical. We THOUGHT that was the case for us, and nearly had to do it all over again because I was deployed to Afghanistan for longer than her visa was good for, since her clock started ticking at medical time, which was about a month before interview. Strange...

Many times were are only a couple feet from the border as we ride to Nogales from time to time. Lots of illegals come through our neck of the woods and drugs, which is why they have the check points all over this area.