I-94 Admitted Until Date

[Devy and Lynette 46]

The admitted date until is October 4, 2014 on my fiance's I-94, this is the day of our marriage as well, will we be ok..should we marry earlier, we only have to do this because the venue didn't have any availability until then and we really didn't want to do the courthouse and we didn't know when he was coming, so we just couldn't book so far in advance. Can someone let me know when they can if this is ok or not? Thanks for your responses.

[Harpa Timsah 13,258]

You should marry earlier.

[Girl from Celebes 588]

The admitted date until is October 4, 2014 on my fiance's I-94, this is the day of our marriage as well, will we be ok..should we marry earlier, we only have to do this because the venue didn't have any availability until then and we really didn't want to do the courthouse and we didn't know when he was coming, so we just couldn't book so far in advance. Can someone let me know when they can if this is ok or not? Thanks for your responses.

Count carefully your lawful present until I-94 is expired. Some people had a problem when the immigration officer stamped their passport more than 90 days or less than 90 days. I wouldn't take a risk though.

[KayDeeCee 4,893]

Your timeline states you entered on July 7th. 90 days from that date is Oct. 5th. You should barely meet the 90 day requirement, but you are really pushing it. http://www.timeanddate.com/date/dateadded.html?m1=7&d1=7&y1=2014&type=add&ay=&am=&aw=&ad=90

Wanted to add that I do not suggest waiting until the last day. If you do, you should hand carry your marriage license to the court to have it registered on Mon., the 6th, and see if you can get a copy of the marriage certificate that same day so you will not be out of status and accruing unlawful presence for long after the I-94 expires. You could also always have a quick, legal marriage at the courthouse soon, and then still have your wedding ceremony as planned on Oct. 4th.

Edited July 12, 2014 by KayDeeCee

[Elizabeth+Fred 35]

The admitted date until is October 4, 2014 on my fiance's I-94, this is the day of our marriage as well, will we be ok..should we marry earlier, we only have to do this because the venue didn't have any availability until then and we really didn't want to do the courthouse and we didn't know when he was coming, so we just couldn't book so far in advance. Can someone let me know when they can if this is ok or not? Thanks for your responses.

The K1 visa you received is a one-time permission to travel into the U.S. with the single goal to get married to your fiance(e) there. It is valid for 6 months after issuance. Your visa was issued on 06.11.2014 meaning that you (the beneficiary) hasve to be "in" the U.S. (passed through a PoE with all the paperwork) by Dec 11th, 2014.

ALSO, remember that once you have entered the U.S. via that PoE, you will then have *90* days to get married, and file for AoS.

When you enter the US, your passport will be stamped with an Admitted-Until stamp, which, in your case, is Oct 4th. So, on that date, the visa ends, and you must be on your way "out of there".

Since you must be married *WITHIN* those 90 days, your planned wedding date is too late. If possible at all, I would move the marriage back one week or so (end of September), or even a few days, as long as you get it done *before* Oct 4th.

Question to the mods: (KDC, you reading this?)

OK, so one has to get married within those 90 days. OK. But which date is important here.. the actual date of the wedding, or the date of filing for AoS ? Based on reading, I'd say the actual date of the wedding, as shown on the marriage certificate?

[Dave&Roza 748]

Question to the mods: (KDC, you reading this?)

OK, so one has to get married within those 90 days. OK. But which date is important here.. the actual date of the wedding, or the date of filing for AoS ? Based on reading, I'd say the actual date of the wedding, as shown on the marriage certificate?

It is the date of the wedding as a K-1 visa holder has no deadline to file for AOS. Once the I-94 expires the foreign spouse is in a period of overstay and is actually illegally in the US and can be detained by the CBP. Once AOS is filed the overstay is forgiven and the foreign spouse is in a period of authorized stay. The foreign spouse cannot work or travel outside the US and return without the AP/EAD or GC. So the sooner they get married, the sooner they can file the AOS, the sooner the foreign spouse can work. There have been stories here on VJ were the foreign spouse missed the 90 day window to get married and all they had to do was file the I-130 with the I-485, as long as they married the petitioner of the I-129F, which is like a foreign spouse getting married on a tourist visa and adjusting status in the US after marriage.

The only requirement you have as a K-1 visa holder is to get married within 90 days of your arrival of entering the US. IMHO within means less than not equal to or less than. So you really have until the 89th day to get married. Most people on the K-1 are so excited to get married they do it as soon as the foreign spouse arrives. I would head to the local courthouse and get married ASAP and file your AOS. Then use this later date you have as a celebration of the two of your getting married.

Good luck,

Dave

[steve n songsang 45]

date of wedding must be before "admit until date" on the printed I-94.

[Elizabeth+Fred 35]

@DaveNRoza: thanks! Yeah, "within" means just that, so the 89th day is the last day you "have", normally. That's why we're usually careful with planning 88-day trips etc, when on a VWP for example

So... yes, the OP should get married sooner, AT LEAST ONE DAY before the Oct-4 date. After that, they're fine, and can file AoS...

(I'll have the same situation soonish, but we planned on getting married about a week after arrival - family and minister need some time to set up for us, soo... we'll be in hiding until then ;-)

--fred

[KayDeeCee 4,893]

I disagree about the one day before. It is stated everywhere, in instructions and the immigration laws that you have 90 days in which to marry after entering. Not 89. Within a 90 day time period does not exclude day 90 from that. If someone married on day 90, they would still be eligible to file for AOS based on the K-1 entry and marriage. If they married on day 91, then they would not meet the requirement and would need to file an I-130 along with their I-485 to adjust status.

I do not think it is wise to wait until the last day, but I think it still meets the requirement of the visa and AOS eligibility. I have seen people post about waiting too long and marrying after the 90 days, but do not recall a post from anyone that claimed to have married exactly on day 90. Most people plan it so they marry well before that point.

[Elizabeth+Fred 35]

Problem is.... it says "Admitted Until", and not "Admitted Until And Including". So, Oct-4 is the day AFTER legal status ends.

[KayDeeCee 4,893]

Problem is.... it says "Admitted Until", and not "Admitted Until And Including". So, Oct-4 is the day AFTER legal status ends.

You have 90 days to marry after entry with a K-1 visa. You have status and are able to marry within a 90 day time period after entry. Admitted until Oct. 4th means they are in status until the 4th. On the 5th, they will begin to accrue unlawful presence.

Fiancé(e) status automatically expires after 90 days.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

9 FAM 40.92 N1 INTERPRETATION OF "UNLAWFUL PRESENCE"

...an alien would generally be unlawfully present if he or she entered the United States without inspection, or stayed beyond the date specified on the Form I-94...

f. When calculating unlawful presence, the date that the Form I-94 (or any extension) expires is considered authorized and is not counted. In addition, the date of departure from the United States is not counted as unlawful presence.

http://www.state.gov/documents/organization/87120.pdf

[Elizabeth+Fred 35]

Good, so it actually means Until and Including !

Still, the OP probably should try to move the wedding a few days...

--fred

[Dave&Roza 748]

This is one of those grey areas of the law and is up for interpretation and as you can see here there are different opinions as to what it actually means. You have 90 days to get married on a K-1. What is counted in those 90 days? Does the clock start the day you are admitted as day 1 even if you go thru immigration at 2359 that was day one; or does it start the next day? That is where I am confused on the 90 days. What if the CBP was using the wrong date to calculate the time from and puts the wrong "until" stamp in your passport--either 89 or 91 days instead of 90? I would take the date of entry and add 90 days to that and make certain I got married before that date. "On" would be cutting it too close for my comfort but YMMV.

This is such an easy requirement to meet, so why take a chance? If you have an event planned and receive the visa early, delay entry so the event falls well within the 90 days. Nothing says you have to use the visa immediately. In fact most K-1 visas are valid for 6 months. If not, check your expiration date and just make certain you enter the US on or before that date--at least that expiration date is clear.

I realize the OP is already in the US and delaying is now not an option, but I hope others will see that you can give yourself almost 9 months before having to get married which should be plenty of time to plan and execute a wedding.

Dave

[Devy and Lynette 46]

Your timeline states you entered on July 7th. 90 days from that date is Oct. 5th. You should barely meet the 90 day requirement, but you are really pushing it. http://www.timeanddate.com/date/dateadded.html?m1=7&d1=7&y1=2014&type=add&ay=&am=&aw=&ad=90

Wanted to add that I do not suggest waiting until the last day. If you do, you should hand carry your marriage license to the court to have it registered on Mon., the 6th, and see if you can get a copy of the marriage certificate that same day so you will not be out of status and accruing unlawful presence for long after the I-94 expires. You could also always have a quick, legal marriage at the courthouse soon, and then still have your wedding ceremony as planned on Oct. 4th.

Thanks so much, we will go to the courthouse in two weeks, I can't and don't want to do anything illegal.

[Devy and Lynette 46]

It is the date of the wedding as a K-1 visa holder has no deadline to file for AOS. Once the I-94 expires the foreign spouse is in a period of overstay and is actually illegally in the US and can be detained by the CBP. Once AOS is filed the overstay is forgiven and the foreign spouse is in a period of authorized stay. The foreign spouse cannot work or travel outside the US and return without the AP/EAD or GC. So the sooner they get married, the sooner they can file the AOS, the sooner the foreign spouse can work. There have been stories here on VJ were the foreign spouse missed the 90 day window to get married and all they had to do was file the I-130 with the I-485, as long as they married the petitioner of the I-129F, which is like a foreign spouse getting married on a tourist visa and adjusting status in the US after marriage.

The only requirement you have as a K-1 visa holder is to get married within 90 days of your arrival of entering the US. IMHO within means less than not equal to or less than. So you really have until the 89th day to get married. Most people on the K-1 are so excited to get married they do it as soon as the foreign spouse arrives. I would head to the local courthouse and get married ASAP and file your AOS. Then use this later date you have as a celebration of the two of your getting married.

Good luck,

Dave

Thanks Dave great advice, we are going to the courthouse very soon

You have 90 days to marry after entry with a K-1 visa. You have status and are able to marry within a 90 day time period after entry. Admitted until Oct. 4th means they are in status until the 4th. On the 5th, they will begin to accrue unlawful presence.

Thanks KDC, great info..we are going to the courthouse