K Visa Valid for How Long before US Entry

[anabaugus 0]

Hello VJers,

Our K visa is at the consulate now, so we are just waiting on the information from them on how to proceed.

What I'm wondering is how long an issued k visa is valid for after issuance, and from what date it is calculated. I have heard varying things (i.e. valid for 4 months before US entry, valid for 6 months before US entry, etc). I have also hear that the 4 or 6 months, whatever it is, is calculated from the date the visa is issued, and from others i have heard that it is valid from that date of USCIS approval.

My fiance is planning on coming to the US in late March, as he needs to wrap some things up at work (and honestly we though this process would go much slower than it has been going). However, if the visa is valid only for 4 months from the date of USCIS approval, we might need to get an extension, as that would only get us to March 19.

Any insight would be greatly appreciated!!

[anabaugus 0]

Also sorry if this is posted elsewhere!

Edited December 9, 2015 by anabaugus

[SunflowerSweet 1,321]

6 months from the date of your medical is when you have to enter the U.S. By, at least from what I have been told by a few people on here.

I use to think it was 6 months from the date off issuance after the interview but I was corrected on this last time I asked about it.

Some claim it's country-specific though, which adds to the confusion. I'm realizing this is not a helpful answer at all and I apologize for that. Truly though, the expiration date for the K-1 visa has been the one thing that I can say I have come back from this site from not feeling completely confident in my understanding.

Safest bet is probably to wait until you get the actual visa and see the date you are given with it. But from what I have seen, 6 months from the medical is a good estimate that applies in most situations...

Edited December 9, 2015 by MorganandMichael

[KayDeeCee 4,893]

The expiration can be up to 6 months. It can be shorter based on if a medical condition is present.

https://fam.state.gov/fam/09FAM/09FAM050207.html

9 FAM 502.7-5(C )(7) K Visa Issuance, Travel

(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 PN3.6 b; CT:VISA-1097 10-31-2008)

a. K Visa Validity: K-1 and K-2 visas should be valid for six months for one entry. K- 3 and K-4 visas should be valid for multiple entries for 24 months, unless constrained by security clearance requirement or waivers, which are valid for a year or less. Unmarried aliens entering the United States as a K-4 should be admitted for a period of 24 months or until that alien’s 21st birthday, whichever is shorter (see 8 CFR 214.2(k)(8) and 8 CFR 214.2(k)(11)(v)).

(Previous location: 9 FAM 41.81 PN4.2; CT:VISA-1097 10-31-2008),

b. K Visa Annotations: The K visa should be annotated in the following cases:

(1) Medical Cases:

(a) When the medical examination has revealed a Class A tuberculosis or another Class A medical condition, and an INA 212(d)(3)(A) waiver has been granted, the visa should be annotated: “MED: 212(d)(3)(A).”

(b) When the medical examination has revealed a Class B tuberculosis condition or Class B leprosy, non-infectious, the visa should be annotated: “MED: Class B.”

Revisions to Visa Medical Examination Validities http://travel.state.gov/content/dam/visas/policy_updates/CDC_Revisions_to_Visa_Medical_Examinations%20%2802-2015%29.pdf

Per 9 FAM 40.11, notwithstanding the provisions of INA 221(C ), visa validity must be limited to the validity of the medical examination.

2. Medical examinations will be valid for six months for individuals with the following conditions:
a. No Class (i.e. No Apparent Defect, Disease, or Disability);
b. Class A, Other than TB;
c. Class B2 LTBI;
d. Class B3 TB (Contact Evaluation);
e. Class B, all except TB, including specific Class B conditions; and
f. Class B Other conditions.

3. Medical examinations will be valid for three months for individuals with the following conditions:
a. Class A TB with Waiver;
b. Class B1 TB, Pulmonary;
c. Class B1 TB, Extrapulmonary; and
d. HIV infection (with or without a TB Class).

Edited January 18, 2016 by KayDeeCee

[inkasminka 39]

The visa will be valid for 6 months from the medical.