length of stay for K1 fiancee

[mattynsc 0]

hope this isnt a stupid question. but i have been looking for this answer and have had no luck yet, maybe i just havent looked in the right forum...

anyway, my question is this : lets say my fiancee's K1 visa is approved. she comes to the US and we get married within the 90 days, now does the 90 days just mean we have to get married in that timetable, or does it mean thats all the time she has to stay in the US regardless if we get married or not.

because if we do get married, and then file for the AOS and that may take months, can she stay now that we are married or leave back to her country right when the 90 days are up...

thanks for all your help here, damn what a great site ....

[pushbrk 12,182]

hope this isnt a stupid question. but i have been looking for this answer and have had no luck yet, maybe i just havent looked in the right forum...

anyway, my question is this : lets say my fiancee's K1 visa is approved. she comes to the US and we get married within the 90 days, now does the 90 days just mean we have to get married in that timetable, or does it mean thats all the time she has to stay in the US regardless if we get married or not.

because if we do get married, and then file for the AOS and that may take months, can she stay now that we are married or leave back to her country right when the 90 days are up...

thanks for all your help here, damn what a great site ....

She stays. You must marry in the US within 90 days then yes she stays during the AOS. If you don't marry, she must leave within the 90 days.

Edited May 27, 2007 by pushbrk

[mattynsc 0]

wow,, thanks for the fast reply

[leirma_ricky 0]

hope this isnt a stupid question. but i have been looking for this answer and have had no luck yet, maybe i just havent looked in the right forum...

anyway, my question is this : lets say my fiancee's K1 visa is approved. she comes to the US and we get married within the 90 days, now does the 90 days just mean we have to get married in that timetable, or does it mean thats all the time she has to stay in the US regardless if we get married or not.

because if we do get married, and then file for the AOS and that may take months, can she stay now that we are married or leave back to her country right when the 90 days are up...

thanks for all your help here, damn what a great site ....

NO, she got 90 days to marry you upon her arrival to the usa...but if you was not able to get married your fiancee after 90 days she will be deported.......

there is nothing to worry if you did marry her already..all you do is appy for AOS and get her green card...be with her forever......

[kitkat1 5]

hope this isnt a stupid question. but i have been looking for this answer and have had no luck yet, maybe i just havent looked in the right forum...

anyway, my question is this : lets say my fiancee's K1 visa is approved. she comes to the US and we get married within the 90 days, now does the 90 days just mean we have to get married in that timetable, or does it mean thats all the time she has to stay in the US regardless if we get married or not.

because if we do get married, and then file for the AOS and that may take months, can she stay now that we are married or leave back to her country right when the 90 days are up...

thanks for all your help here, damn what a great site ....

As stated, it means you have to get married within 90 days and then later, begin the AOS paperwork. Just to clarify, the K1 is to bring a fiance to the US to marry and to live. It's not a test to see if you might want to get married and stay.

[msu17 0]

And once you have married and filed for AOS, DONT LEAVE unless you have the greencard or AP.

[Yodrak 7]

leirma_ricky,

Point of clarification: She may be subject to removal, but she's very unlikely to be. ICE does not go around looking for K1s who did not marry within 90 days of entry.

Yodrak

hope this isnt a stupid question. but i have been looking for this answer and have had no luck yet, maybe i just havent looked in the right forum...

anyway, my question is this : lets say my fiancee's K1 visa is approved. she comes to the US and we get married within the 90 days, now does the 90 days just mean we have to get married in that timetable, or does it mean thats all the time she has to stay in the US regardless if we get married or not.

because if we do get married, and then file for the AOS and that may take months, can she stay now that we are married or leave back to her country right when the 90 days are up...

thanks for all your help here, damn what a great site ....

..... if you was not able to get married your fiancee after 90 days she will be deported.......

.....

[Yodrak 7]

mattynsc,

It means both - she is allowed to be in the USA for 90 days and she must get married within those 90 days. Once she has married and has applied to adjust status she is allowed to be in the USA while the application to adjust is in processing.

Yodrak

hope this isnt a stupid question. but i have been looking for this answer and have had no luck yet, maybe i just havent looked in the right forum...

anyway, my question is this : lets say my fiancee's K1 visa is approved. she comes to the US and we get married within the 90 days, now does the 90 days just mean we have to get married in that timetable, or does it mean thats all the time she has to stay in the US regardless if we get married or not.

.....

[MM_MS 0]

And once you have married and filed for AOS, DONT LEAVE unless you have the greencard or AP.

I'd like to echo what msu17 noted above. The K-1 provides for a single entry into the U.S.. If you both leave the country for any reason w/o prior approval, she'll be refused entry. Once the green card is in hand, she travel in/out of the U.S. just like you. Good luck!

[bora bora 1]

You have received good advice here.

When my husband applied for his green card he also applied for his work permit (in the case that his green card takes awhile to get here).

If your (to be) wife decides she wants to go home to visit before her green card is issued, then she can apply for Advanced Parole.

Just make sure you get married within 90 days. The sooner you get married the sooner you can apply for her residency.

And as you were told - the K1 fiance visa is an immigrant visa - not a tourist visa.

[LaL 418]

just an addition - there are several who did NOT get married in the 90 day allotment, and just wound up filing for both the I130 and I485 together (vs I485 alone). Had no problems reported. Things can happen, and this can help.

[Yodrak 7]

Bora Bora,

Correction: the K1 visa is not an immigrant visa. (If it were there would be no need to adjust status.)

Yodrak

.....

And as you were told - the K1 fiance visa is an immigrant visa - not a tourist visa.

[mattynsc 0]

thanks everyone for the answers

[JVKn'CVO 11]

Hi Mat! Welcome to VJ

Here's a couple of usefull links

http://travel.state.gov/visa/immigrants/ty...types_2994.html

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

http://www.uscis.gov/files/article/A2.pdf

Good luck on your journey!

Caro,