Knight

Hi all,

Yet another question from me, just like to know as much as I can about the process we're getting in to.

It's my understanding that the K1 visa is valid for 6 months. It's also my understanding that you have 90 days to marry from the date you arrive.

Are those two time periods connected? Do you have to marry before the K1 visa expires? Or is it up to 6 months to get into the country, and then once in 90 days to get married.

I was asked this by my better half, and I wasn't sure which way it was. I hope someone can set me straight.

Regards,
Adam

FlyergirlUK

Yes.

Noorah101

It's this one.

Rene

Rete

Of course they are connected. 6 months + 90 days = approximately 9 months. You are 100% correct in your assumption. You have 6 months to enter and activate the K-1 once it is approved and once entered 90 days in which to marry. Don't leave it to the last minute. If you marry one minute past the 90 days, you have to complete the I-130 along with all the other documents when you go to adjust status.

Knight

Excellent, thanks to everyone for their response. Nice to have the matter cleared up.

Regards,
Adam

Folinskyinla

Hi:

The two time periods ARE connected. A K-1 visa is valid for one admission within 6 months of issuance. Once admitted on the K-1, the visa has "expired" due to the one admission limitation. Once admitted on the K-1, the petitioner and the beneficiary have 90 days in which to marry.

If you marry before the visa expires by its use, then the visa is no good because the holder is no longer qualified under the K-1 status inasmuch as K-1 has a requirement that the holder NOT be married in order to be free to marry.

Knight

Following on from this, kind of, I have another query. This is more just out of curiosity than for advice on what to do.

The K1 "expires" when you enter the country, with it being valid for a single entry. The I-94 is then stamped with the entry date, and you have 90 days to marry. Does the filing of I-485 also need to happen in this 90 day period? I was just curious as to what my legal state is between the date of marriage and the filing for AOS. I assume that the I-94 still covers me and that the 90 day period includes getting married and sending off the I-485.

Happy to be corrected of course.

Noorah101

Although you don't have to file the I-485 within the 90 day period, it's better if you do. Then you don't run the risk of having an overstay once your I-94 expires. The I-94 will be valid for 90 days. Once you marry AND file the I-485, your status becomes "pending adjustment". If you marry but don't file the I-485 within the 90 days...then the time between the I-94 expiration and the time you file the I-485, you don't have any status, and can go into overstay.

Rene

JEff

Rene,

Can? Or have?

Regards, JEff

Noorah101 wrote:
    > .... If
    > you marry but don't file the I-485 within the 90 days...then the time
    > between the I-94 expiration and the time you file the I-485, you don't
    > have any status, and can go into overstay.
    >
    > Rene

Noorah101

Hmmmm...I guess you actually ARE in overstay on day 91, if you haven't filed AOS yet. I worded that badly. lol

Rene