Visa Expiration Date

[Tim&Pashy 5]

I believe I read that the visa is supposed to expire 6 months after the medical exam, but my fiancee just got her visa in hand and the expiration date is in December despite her medical exam being in February (so I thought it would've expired in August). Does she really have until December or should she be making plans to leave ASAP?

Edited July 22, 2022 by Tim&Pashy

[Mike E 11,723]

I would make plans asap. 

[Tim&Pashy 5]

This is what it says

[Mike E 11,723]

So my wife’s K-1 …

 

medical: November 20

Interview: December 26

Issued date per visa: December 28

Actual issue date: January 6

Visa in hand: January 7

Visa expiration date: May 13

 

 None of the  dates were exactly 6 months prior to May 13

 

Days between November 20 and May 13: 174 days. IOW not even 180 days. 
 

The 6 months from medical thing should be seen as aspirational. And yet for your case I would be paranoid that a CBPO at the port of entry will enforce it.  So I would have arranged to have the K-1 visa holder in the USA by now.
 

And in fact we flew to the USA January 9, just 2 days after the visa was in hand. We waited so long to start our life together that we saw no need to wait longer.  I would think the same is true of you two.  
 

So IOW you should assume CBP treats the visa as expiring 180 days from the date of the medical and the visa holder should be coming to the USA in a matter of days.  
 

I would also file I-693 with the I-485. 

[Nuba 57]

From the US Department of State web site on K1 visa there is no mention of the date of the medical exam.  

 

"With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance"

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#:~:text=The I-129F petition is,before visa processing is completed.

[Mike E 11,723]

It’s says the visa expires a “maximum” of 6 months from date of issue. Ask yourself why it says a “maximum” of 6 months and not “exactly” 6 months.  
 

What you referenced is the “dumbed down” customer facing policy. 
 

Instead I refer you to:

 

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

 

“

9 FAM 502.7-3(C)(7)  (U) K Visa Issuance, Travel

(CT:VISA-1304;   06-24-2021)

a. (U) K Visa Validity:  The validity of K-1 and K-2 visas should match the medical exam.  ”

 

Now if OP, or you, or anyone reading wants to take the risk that the CBPO at POE is not a student of the state department FAM (aka policy manual) then by all means, travel more than 6 months after the medical and please report to us how it goes.  Data points are useful toward advancing the tribal knowledge.  

[Tim&Pashy 5]

2 hours ago, Mike E said:

So my wife’s K-1 …

 

medical: November 20

Interview: December 26

Issued date per visa: December 28

Actual issue date: January 6

Visa in hand: January 7

Visa expiration date: May 13

 

 None of the  dates were exactly 6 months prior to May 13

 

Days between November 20 and May 13: 174 days. IOW not even 180 days. 
 

The 6 months from medical thing should be seen as aspirational. And yet for your case I would be paranoid that a CBPO at the port of entry will enforce it.  So I would have arranged to have the K-1 visa holder in the USA by now.
 

And in fact we flew to the USA January 9, just 2 days after the visa was in hand. We waited so long to start our life together that we saw no need to wait longer.  I would think the same is true of you two.  
 

So IOW you should assume CBP treats the visa as expiring 180 days from the date of the medical and the visa holder should be coming to the USA in a matter of days.  
 

I would also file I-693 with the I-485. 

It's not that we want to wait, but medical was February 2nd. If the visa does expire on August 2nd then we have to buy plane tickets now which are running upwards of $3000 instead of getting them in two or three weeks when they are much cheaper.

[Timona 3,940]

I remember you. So update us, how did she end up receiving her PP? Did she go pitch camp at old address?

 

 

Look for cheaper flights via Google Flights. Don't go to specific airlines.

 

https://www.google.com/travel/flights

[Tim&Pashy 5]

13 minutes ago, Timona said:

I remember you. So update us, how did she end up receiving her PP? Did she go pitch camp at old address?

 

 

Look for cheaper flights via Google Flights. Don't go to specific airlines.

 

https://www.google.com/travel/flights

Her nephew picked it up for her

[Timona 3,940]

46 minutes ago, Tim&Pashy said:

Her nephew picked it up for her

 

From old address? Or different location 

[Tim&Pashy 5]

2 hours ago, Timona said:

 

From old address? Or different location 

At the original address

[Nuba 57]

7 hours ago, Mike E said:

 

Instead I refer you to:

 

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

 

“

9 FAM 502.7-3(C)(7)  (U) K Visa Issuance, Travel

(CT:VISA-1304;   06-24-2021)

a. (U) K Visa Validity:  The validity of K-1 and K-2 visas should match the medical exam.  ”

 

 

 I don't claim to be an expert but as I read this document these are instructions to the interviewing consular officer, not to the CBP or visa applicant,.

Given this application was in administrative processing until it was approved in July, it seems reasonable that applicant was given nearly six months to exercise it , as would normally be the case;

 

If I were the OP I would contact the consulate and ask them to clarify before making reservations.

[Crazy Cat 39,218]

29 minutes ago, Nuba said:

Given this application was in administrative processing until it was approved in July, it seems reasonable that applicant was given nearly six months to exercise it , as would normally be the case;

That is irrelevant.  There are dozens of cases here on VJ which required new medicals during administrative processing. DOS doesn't suspend the clock during AP.

 

For the record, my wife only had 5 months between her medical and visa expiration (4 months after visa was issued).

Edited July 22, 2022 by Crazy Cat

[Tim&Pashy 5]

1 hour ago, Crazy Cat said:

That is irrelevant.  There are dozens of cases here on VJ which required new medicals during administrative processing. DOS doesn't suspend the clock during AP.

 

For the record, my wife only had 5 months between her medical and visa expiration (4 months after visa was issued).

Have you seen any examples of a visa having only a week or two for the expiration date after the issue date? 

[Chancy 6,233]

On 7/22/2022 at 5:53 PM, Tim&Pashy said:

Have you seen any examples of a visa having only a week or two for the expiration date after the issue date? 

 

My visa had an expiration date set around a month after issue date.  It was exactly the expiry date communicated to me when I had my visa medical and my interview, so I wasn't surprised despite the short duration.  The consul officer even asked at my interview if I could travel to the US before my visa expires.