K1 Visa Expiration/AOS

[Na3Na3 3]

Hello Everyone!

 

My fiancee and I are trying to figure out when he should arrive, he was issued his K1 visa on Sep 18th. The expiration date is for March 3rd, and we were thinking we need about a month in between him arriving and us getting married to get his SSN. My question is, how do we know after submitting our AOS that he is legally able to stay in the country after his visa expires? I told him as long as we submit our AOS before 90 days after his arrival, we should be good - but he's concerned about that. Should he arrive sooner so we get his temporary working permit and travel permit before March 3rd? In other words, is he allowed to stay in the country on an expired K1 Visa as long as we are married before the 90 days and filed for AOS? Does he need a temporary working permit before March 3rd?

 

Thanks in advance!

[Ontarkie 14,279]

~~Moved to AOS Family K1/K3, from K1 Progress Reports. - The OP is looking at the AOS process.~~

[DaveAndAnastasia 2,093]

12 minutes ago, Lucy F said:

My fiancee and I are trying to figure out when he should arrive, he was issued his K1 visa on Sep 18th. The expiration date is for March 3rd, and we were thinking we need about a month in between him arriving and us getting married to get his SSN. My question is, how do we know after submitting our AOS that he is legally able to stay in the country after his visa expires? I told him as long as we submit our AOS before 90 days after his arrival, we should be good - but he's concerned about that. Should he arrive sooner so we get his temporary working permit and travel permit before March 3rd? In other words, is he allowed to stay in the country on an expired K1 Visa as long as we are married before the 90 days and filed for AOS? Does he need a temporary working permit before March 3rd?

In almost all states, a K-1 beneficiary does not need an SSN to get married. It's advisable to apply for one ASAP because not having an SSN makes dealing with various companies and government agencies easier, and for various reasons it's better to apply for an SSN before you marry, but you don't need to wait for processing to finish before you get married. We did this; it's fine.

 

Others can point you to the guiding law or regulations, but a pending AOS from a K1 grants a period of authorized stay until a decision is made.

 

The expiration date on his visa (probably six months from his medical exam) determines the latest date he can enter the US. It doesn't matter if he arrives tomorrow or on that expiration date (though don't plan on arrival on the expiration date; if his flights were delayed, he'd be unable to use his visa), his visa grants a 90-day stay starting when he enters the US. The K-1 is a single-use visa that expires when you use it (and it's used the first time you enter the US after it's granted, so don't book travel with a layover in the US after you get it).

 

As long as he has filed for AOS within 90 days, he will not be out of status or deportable.

 

The timelines for his EAD (temporary work authorization) & AP (temporary travel authorization) have nothing to do with the K-1 expiration date. He'll need them to work or travel outside the US before his AOS is approved. There's no point in applying for work authorization before he files for AOS; it costs extra (it's free when applied for with AOS), and processing times are so long now that it would not be finished in time for him to use it.

[SalishSea 17,928]

The 'expiration' date of the K-1 is inconsequential.  It simply is the timeframe for traveling and 'activating' the visa, as it is a one-time use visa.

 

After arriving, the I-94 is valid for 90 days, during which you must marry.  It is strongly suggested that you send off the AOS packet before the end of the 90 days, as the NOA1 from the AOS packet will serve as evidence of authorized stay after the I-94 expires.  

 

The work permit and travel document (EAD/AP combo card) are free to apply for at the same time as AOS.  I believe current official processing times for the combo card are around 6 months.

[Na3Na3 3]

1 hour ago, DaveAndAnastasia said:

In almost all states, a K-1 beneficiary does not need an SSN to get married. It's advisable to apply for one ASAP because not having an SSN makes dealing with various companies and government agencies easier, and for various reasons it's better to apply for an SSN before you marry, but you don't need to wait for processing to finish before you get married. We did this; it's fine.

 

Others can point you to the guiding law or regulations, but a pending AOS from a K1 grants a period of authorized stay until a decision is made.

 

The expiration date on his visa (probably six months from his medical exam) determines the latest date he can enter the US. It doesn't matter if he arrives tomorrow or on that expiration date (though don't plan on arrival on the expiration date; if his flights were delayed, he'd be unable to use his visa), his visa grants a 90-day stay starting when he enters the US. The K-1 is a single-use visa that expires when you use it (and it's used the first time you enter the US after it's granted, so don't book travel with a layover in the US after you get it).

 

As long as he has filed for AOS within 90 days, he will not be out of status or deportable.

 

The timelines for his EAD (temporary work authorization) & AP (temporary travel authorization) have nothing to do with the K-1 expiration date. He'll need them to work or travel outside the US before his AOS is approved. There's no point in applying for work authorization before he files for AOS; it costs extra (it's free when applied for with AOS), and processing times are so long now that it would not be finished in time for him to use it.

Thank you! This is all very helpful