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Does the 90-Day rule overrule the K1 Visa Expiration Date?

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Hi,

We just got our K1 visa on the passport. It has an expiration date of April 8, 2015. However, due to work commitments and plane cost considerations, we're looking at a date of arrival in the US on President's Day, February 16.

Given the 90 day rule, that means we have technically until May to get married.

We plan to marry a month later, March 16, but that doesn't leave us a lot of room when the K1 visa expires on April 8. That's just 3 weeks. If we submit all our AOS paperwork after April 8, will that be an issue?

Thank you so much,

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Filed: Citizen (apr) Country: Nigeria
Timeline

Hi,

We just got our K1 visa on the passport. It has an expiration date of April 8, 2015. However, due to work commitments and plane cost considerations, we're looking at a date of arrival in the US on President's Day, February 16.

Given the 90 day rule, that means we have technically until May to get married.

We plan to marry a month later, March 16, but that doesn't leave us a lot of room when the K1 visa expires on April 8. That's just 3 weeks. If we submit all our AOS paperwork after April 8, will that be an issue?

Thank you so much,

The K1 expiry is April 8, 2015. The K1 is what gets you into the US so long as you arrive on or before that date you are fine. Now you have arrived in US the K1 is no more its dead. Now the 90 day clock starts to tick to get married.


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Filed: Citizen (apr) Country: Romania
Timeline

The K1 visa expires the day it is used to enter the country. ( or on April 8 if you do not use it by then). When you enter the country, you are issued an I-94 This is valid for 90 days from the date of issue. The i94 is what gives you legal presence until you file for AOS. Once you enter, you have 90 days to marry and file AOS.


K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

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Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

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04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
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06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

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Filed: Country: Mexico
Timeline

Once you enter, you have 90 days to marry and file AOS.

Not quite. There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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