Need clarification of timelines once approved

[cbreeze67 0]

Hello VJ Members,

Needing some clarification of timelines. So, as I understand it, once the K-1 is approved, my fiancee will be granted a 6 month VISA and once she enters the USA, we have 90 days to marry. When does the clock start ticking for the 6 month VISA? Does the 90 days mean we have to file for an adjustment in status in that timeframe or do we have the full 6 months to file?

Thank You

[volkditty 23]

The K1 visa is valid for 6 months from the date it was issued, which will usually be the day of your fiancee's interview or shortly thereafter. As soon as she enters the US, the K1 is used up and the 6 month timeline doesn't affect anything else.

Once she arrives, you have 90 days to get married. Your marriage certificate must be dated within 90 days of her arrival. That's 90 calendar days, not business days. You do not need to file for AOS within the 90 days, just to be legally married.

[Kisturia 7]

USCIS made some changes (at least when it comes to the embassy in Germany - don't know if they did that for every country so better ask at her country's embassy):

The medical is only valid for 6 months! The Visa will only be valid as long as your medical is valid. Lets say she had her medical 4 weeks before the interview /approval, then her visa will only be good for 5 more months.

You have to marry her within 90 days of her arrival. File AOS as soon as you can after that, so that she can start to work soon (I',m telling you, it's tough to just sit around and do nothing). But you don't necessarily have to file within those 90 days.

Edited January 23, 2014 by Kisturia

[Zedayn 485]

The K-1 visa is valid for 6 months from the date of your medical exam. Once you enter the US on a K-1 visa, the visa becomes expired. The expiration date on the visa is for when you need to enter the US by. Once you are here, the expiration date means nothing as your visa is expired since you used it already. Your new document will be the I-94 which has an expiration of 90 days from the date of your entry. Your only requirement is to marry within those 90 days. You do not have to file AOS during those 90 days, however it is strongly recommended to do so.

[Zedayn 485]

The medical is only valid for 6 months! The Visa will only be valid as long as your medical is valid.

For purposes of issuing the visa, I can agree to this. However, as far as AOS is concerned the medical is actually valid for one year. It means when you file your AOS after entering on a K-1 visa, and your medical is less than one year, you do not need to get a new medical.

[Kisturia 7]

For purposes of issuing the visa, I can agree to this. However, as far as AOS is concerned the medical is actually valid for one year. It means when you file your AOS after entering on a K-1 visa, and your medical is less than one year, you do not need to get a new medical.

Good point, thanks for adding that!!

[dwinge 34]

Just wanted to add that 6 months would be the typical length of time the medical is valid for (in terms of the visa timeframe), but it can also be as short as 3 months, depending on the applicant's medical history. In my case, I did my medical in early Aug '13 and interviewed late Sept '13, and my visa was only valid until Nov '13 because of my medical history.