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As you know we allow most countries 90 days to visit the US on a tourist visa. Would it be OK if your fiance visited you for 80 days and then came back on a K1 Visa and you did not get married until 60 days after arrival? 

 

You wouldn't have to get married within 10 days to prevent overstaying would you? Probably a silly question but my Canadian fiance stayed 170 days out of 180 already so was just curious. 


Latest K1 (multiple filer) 

Oct 2018: Met online in VRChat

Nov 2018: Met in person

Dec 2018: Stayed together for a while in random country

Jan 2019: Stayed together again a lot :)

Feb 2019: Engaged

Mar 7 2019: I-129f Mailed

Mar 9 2019: I-129f Signed for by USCIS 

Mar 14 2019: Personal check cashed by USCIS

Mar 18 2019: Received hard copy NOA1 (Never got electronic one for some reason)

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1 minute ago, ScooterJones said:

As you know we allow most countries 90 days to visit the US on a tourist visa. Would it be OK if your fiance visited you for 80 days and then came back on a K1 Visa and you did not get married until 60 days after arrival? 

 

You wouldn't have to get married within 10 days to prevent overstaying would you? Probably a silly question but my Canadian fiance stayed 170 days out of 180 already so was just curious. 

On a K=1 visa you have to marry and file AOS within the 90 days to stay in status.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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1 hour ago, ScooterJones said:

As you know we allow most countries 90 days to visit the US on a tourist visa. Would it be OK if your fiance visited you for 80 days and then came back on a K1 Visa and you did not get married until 60 days after arrival? 

 

You wouldn't have to get married within 10 days to prevent overstaying would you? Probably a silly question but my Canadian fiance stayed 170 days out of 180 already so was just curious. 

The K1 visa has its own clock. So it is a fresh 90 days from the day he enters the us with the K1 visa. So as long as he marries withing the  90 days of the K1 visa, he is good.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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On 10/28/2019 at 8:27 AM, ScooterJones said:

Would it be OK if your fiance visited you for 80 days and then came back on a K1 Visa and you did not get married until 60 days after arrival?

Yes, the K-1 has it's own clock because it allows dual intent (i.e. she's allowed to have preconceived intent to submit I-485 after entering with the K-1 and marrying you).

On 10/28/2019 at 8:27 AM, ScooterJones said:

my Canadian fiance stayed 170 days out of 180 already

For tax year 2019 she might be a resident alien for tax purposes because of the substantial presence test: https://www.irs.gov/taxtopics/tc851 If she isn't and you marry on or before 12/31/2019, then she can try to opt-in: "you may be able to choose to be treated as a resident alien for part of a calendar year by making the First-Year Choice or, if you are a nonresident alien married to a U.S. citizen or resident alien, you and your spouse may be able to make a joint election to treat you as a resident alien for the entire calendar year."

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