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asianculture

K1 visa expiring on Nov 14 and plan to marry on that day....is it still safe?

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Filed: K-1 Visa Country: Philippines
Timeline

Hello VJ's,

I have a friend and his fiancé wants to get married on Nov 14 but her Visa is expiring on the same date.

I would like to know if some of you have a related experience on this, and is it still safe or she will not be able to

Change her status anymore. Thank you guys for your input .

Asianculture.

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Hello VJ's,

I have a friend and his fiancé wants to get married on Nov 14 but her Visa is expiring on the same date.

I would like to know if some of you have a related experience on this, and is it still safe or she will not be able to

Change her status anymore. Thank you guys for your input .

Asianculture.

The K-1 visa expired the day it was used as it is a one time use visa--that is why I find it strange that teh CBP person wrote CWOP on my wife's K-1 when she entered the US the last time, as she has a 10 year GC now. They have until the I-94 expires which is 90 days after entry to get married. THey should go to teh CBP website and get a print out of the I-94 as they will need it for when they file their adjustment of status (AOS) after getting married. That will also tell them when they need to get married by. The expiration date on the visa was the date it must be used to enter the US or it is not valid.

Now if the I-94 is expiring on the 14th of November and that is the day they are getting married, that is cutting it a bit close for my comfort, but they did get married before teh I-94 expires. It states you must get marreid within 90 days of arrival. Now is that less than 90 days or less than or equal to 90 days. I have heard that some have gotten married after the 90 days and were still able to file their AOS as a K-1 visa holder and had no problems.

Dave

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Filed: Lift. Cond. (apr) Country: China
Timeline

Her one-time, one-way K1 visa was canceled as soon as she was processed by CBP at her US Port of Entry. The visa beneficiary has 90 days from their POE entry to marry the sponsoring USC. The question is what is the visa beneficiary's POE date?


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: K-1 Visa Country: Philippines
Timeline

Her one-time, one-way K1 visa was canceled as soon as she was processed by CBP at her US Port of Entry. The visa beneficiary has 90 days from their POE entry to marry the sponsoring USC. The question is what is the visa beneficiary's POE date?

November 14 is the entry date

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Filed: Lift. Cond. (apr) Country: China
Timeline

November 14 is the entry date

14 November 2014 is the POE date? The visa beneficiary has yet to arrive in the US?


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Based on how you worded it, it sounds like you're saying the visa expires on Nov 14th and she will be doing POE on that same day and she wants to get married on that day too.

I don't know if you can do POE the same day that the visa expires, maybe someone can confirm that. As for getting married, as long as it's within 90 days of entering in the US with the K1 visa, she will be fine.

When your friend enters the US, she would have an I-94 with 90 days of validity, that is the date that matters NOT the expiration date on the visa. She can get married on the same day as POE, there is no restriction to that.

Could you please clarify what expiration you are talking about, is it of the visa or the I-94? Is your friend already in the US?

Edited by Ian H.

This does not constitute legal advice.

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Filed: K-1 Visa Country: Brazil
Timeline

I agree that the wording is ambiguous. If it's the case that the period of 90 days after POE will be ending on November 14, keep in mind that a) some states require application for a marriage license a couple days in advance of getting married, and b) Monday is a government holiday.

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Filed: Timeline

Why did she leave the entering to the very last day of her visa validity?

If something unexpected happens (i.e. flight cancellation), she won't be able to enter the US.

But -as the previous posters said - she has 90 days to get married after her entry day.

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Filed: Timeline

I personally wouldn't risk arriving on the date that a visa expires. I suspect it would not be looked on favourably by the CBP as she would have had 6 months from the medical to get into the country - in my opinion, plenty of time to sort out her business without leaving things to the last minute.

Can she not arrive a few days earlier?

As to getting married, as the others have said, she's got 90 days once she's in the country. And she may or may not be able to get the marriage license and get married on the same day. It will depend on her county recorder's office as well as the state she gets married in.

Edited by landr

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Filed: Citizen (pnd) Country: Russia
Timeline

OP didn't mention anything about entering and marrying on same day. Intent of OP seems to clearly be to determine whether their "friend" is able to marry on the 90th day enter entering US. The visa expiration is effectively its "sell by date". It can be used on or before that day, not after.

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Filed: Citizen (apr) Country: Iran
Timeline

She can enter the US until midnight of the date her visa expires. Even one minute later than that and she will be denied (most likely). She has 90 days from her entry to marry. When her I-94 expires she will have no status in the US until or unless she received/has received her NOA-1 from the AOS filing.

As warned earlier waiting until the day the visa expires to enter the US is risky. Several times my spouse has flow both internationally and continentally and has had delays in his flights varying from overnight to several days. All it takes is one missed connection, bad weather in one location, or mechanical problems to delay the flight so she doesn't arrive until after the visa expires.

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Filed: IR-1/CR-1 Visa Country: England
Timeline

The wording is indeed very ambiguous. I certainly wouldn't wait until the last day the visa is valid given the uncertainties of international air travel. If that indeed is what is being referred to here!


My blog about my visa journey and adjusting to my new life in the US http://albiontoamerica.wordpress.com/

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Filed: Citizen (apr) Country: Jordan
Timeline

Based on how you worded it, it sounds like you're saying the visa expires on Nov 14th and she will be doing POE on that same day and she wants to get married on that day too.

I don't know if you can do POE the same day that the visa expires, maybe someone can confirm that. As for getting married, as long as it's within 90 days of entering in the US with the K1 visa, she will be fine.

When your friend enters the US, she would have an I-94 with 90 days of validity, that is the date that matters NOT the expiration date on the visa. She can get married on the same day as POE, there is no restriction to that.

Could you please clarify what expiration you are talking about, is it of the visa or the I-94? Is your friend already in the US?

the visa expired the day she set foot in the country



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Um...I'm not sure if you read my entire post, but I believe I put quite clearly that the expiration date of the I-94 is what's relevant once in the US and the OP is ambiguous about whether her friend is in the US or not. That is why people are referring to the expiration date of the visa in their posts.

the visa expired the day she set foot in the country

Edited by Ian H.

This does not constitute legal advice.

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