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Filed: K-1 Visa Country: Jamaica
Timeline
Posted

1. Do we simply have to be married by the expiration date or actually filed? If it's just married....What is the latest date we have to file?

2. If we were to not get married in the allotted time and he went back to his country...could we I go there and marry him at a later date and he still be allowed to come back with me?

I'm just worried 90 days is not enough time....maybe cold feet. Things are so different when your in the house together and I want to be sure I have enough time.

Thanks for your help.

Posted (edited)

So you really ought to read the K-1 guide that is on here. Also the USCIS website has the rules and regulations.

http://www.visajourney.com/content/k1guide

The rules for a k-1 visa are that you have to be married within 90 days of POE to the US. The k1 visa expires 90 days from when you enter the US. So. you have 90 days from when you get to the US to get legally married. When you file for AOS, that can be done whenever really after you get married - obviously sooner is better than later (for things like EAD, AP, etc), but know that the visa is for a one-time entry only under the stipulation that you get married within 90 days.

If you don't get married, sure you could get married in his country and then re-apply for a new visa, but then you have to pay to re-file and then wait again in the queue for a spousal visa. He won't be able to just come back with you - you'll have to re-file and wait again.

If you're not sure, maybe you should prolong the relationship a little bit or try to do some longer visits before filing. I think the whole idea behind the k1 visa is that you already know you want to get married when you file, and the whole point of the visa is to give your fiance(e) entry to the US, not to establish a relationship, etc. Good luck to you.

Edited by lizascissors
Filed: Country: Jamaica
Timeline
Posted

1. Within 90 days of his arrival (POE) date.

2. If you get married within the 90 days, and he leaves to go back home without AP, he will not be allowed to re-enter into country. If he returns home without being married in the 90 days, your K-1 is null and void and you will then have to restart the immigration process under the I-130, and will have to address why you did not get married within the 90 days as required and you agreed that you would.

If you are not ready to marry yet, then don't have him come up until you are sure. This is a life changing process, and you are asking that person to give up all they know in their homeland for basically a 3 month vacation. That is not fair to either one of you.

If you have cold feet at this point, then you are not ready to get married. You can always cancel the petition for K-1 and take your time and think about your life together, get married and file for I-130.

Phase I - IV - Completed the Immigration Journey 

 

 

 
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