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Annika&Branden

ESTA Entry with K1 Visa Marry after 90 days

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Hi! I wondered what is the best and cheapest way to solve the following problem:

 

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

Thanks so much!

Annika

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A K-1 is a single entry visa.  The first time you enter the US after issue, the 90 day clock starts...........Do not delay marrying beyond those 90 days.


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9 minutes ago, Annika&Branden said:

Hi! I wondered what is the best and cheapest way to solve the following problem:

Reschedule your flight or reschedule your wedding plans so that you will legally marry within the 90-day window.  


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Get married legally within 90 days of entry into the US on the K1 and then it won't matter if the ceremony/reception is after the 90 day window.

 

Does it matter to you if the legal process is taken care of prior to the celebration with friends/family?


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50 minutes ago, Annika&Branden said:

Hi! I wondered what is the best and cheapest way to solve the following problem:

 

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

Thanks so much!

Annika

Marrying within 90 days of arriving on a K-1 visa is literally THE requirement of that visa!

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There is a VERY long list of reasons why you need to marry asap when entering on a K1.

 

I have come across people who have been able to use the VWP but it seems a ####### shoot.


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1 hour ago, Annika&Branden said:

Hi! I wondered what is the best and cheapest way to solve the following problem:

 

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

Thanks so much!

Annika

None of what you mentioned in your plan will work. Reason being is from what previous posters have already said. The K1 visa is a one time use visa. Once it is in your passport, the first time you enter the US it will be considered used. So you won't be entering on your ESTA, you will be entering on the K1 visa.

 

Just so you know, the visa is adhered to one of the front pages of your passport. It is not a stand alone document.

 

All that aside, I don't see how this is a complicated situation. The K1 visa has a validation of 6 months. Just enter the US at a later date that is within the 90 days. If you have already bought the tickets, then pay the fee to have the tickets changed to a later date.

 

Did you have your interview and was approved yet?


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2 hours ago, Annika&Branden said:

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

No need to complicate this.  Your options --

  1. Adjust your airline ticket dates to delay your entry into the US to any date prior to the expiration of your K1 visa.  Enter the US.  Proceed with your wedding ceremony within 90 days of entry.  File for AOS/EAD/AP.
  2. Enter the US on your original planned date.  Do a courthouse wedding soon after arrival.  File for AOS/EAD/AP.  Proceed with your wedding ceremony as planned.

 

This is worth repeating:  Do NOT leave the US after entering with the K1 visa in your passport and before you get your AP.

 

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2 minutes ago, Jorgedig said:

This thread has made me curious:  what if someone marries after the 90 days from POE and then attempts to adjust status?  Anyone heard of this happening?

I don’t think it becomes a big problem, BUT, that person, by failing to adhere to the terms of the visa, is out of status on day 91 and every day until AoS is filed. 

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4 minutes ago, Cryssiekins said:

I don’t think it becomes a big problem, BUT, that person, by failing to adhere to the terms of the visa, is out of status on day 91 and every day until AoS is filed. 

I didn't see any stories, but basically the only rule is marry within 90 days. I would not be surprised if they deny your AOS if you marry after the 90 days, simply cause you're not eligible anymore since you didn't do the only thing you had to do lol. But I could be wrong, didn't do research on this.

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3 hours ago, Annika&Branden said:

Hi! I wondered what is the best and cheapest way to solve the following problem:

 

We already booked flights and set a marriage date and it turns out that we will get married 97 days after I will enter the U.S. - we decided on that for several reasons. So I was thinking of traveling to the U.S. with the ESTA and then maybe just travel to mexico and come in with my K1 Visa. Or can I just enter the States and then send the Visa to USCIS again? What happens to the Visa anyways as soon as I enter the States?

 

Thanks so much!

Annika

What do you mean with 'send the visa to USCIS again'? Do you mean if it can be renewed once you enter? In that case, no.

 

Everyone already gave you all the right answers on what your options are. And as said before, the visa has a validity of 6 months from medical, so you have about 5-6 months after issuance (assuming your interview is shortly after your medical and you get your visa quick) to travel to the States. The 90 day clock starts ticking the moment your toes cross the US border, not once your visa is issued.

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