Once visa is issued, how long before entering the US?

[BelgiumUSA 0]

Hi everyone,

I would like to know, once the visa is issued, if I have to go to the US right away or not. If not, how long until I NEED to go there?

I know that once there, I need to get married within 90 days. But what if I go there, and leave the country before being married, and re-enter it a few weeks later to then get married. Does that work? Or do I have to stay in the US during those 90 days?

And if there is time in between getting the visa and entering the States, am I allowed to travel to other countries before going to the US?

And once we are married, can I still leave the States as much as I want or not?

My fiance travels a lot, and I accompany him wherever he goes. It will be mainly the States this year, but also other countries like Canada.

And I need to be able to go to my home country.

Do I need to apply for a document to be able to travel as much as I want? When do I need to apply for one and to who?

Thank you all for your help!

[YuAndDan 153]

The visa is valid for 6 months, once you use it to enter the USA you need to marry within 90 days of entry.

You CANNOT leave the USA until you marry, file for AOS, and Advance Parole and have AP document or Green-card IN-HAND. If you leave the USA without AP, or Green-card, you will be abandoning AOS process, and will be starting over, this time you will be filing for a spousal visa.

Moving this to Working/Traveling prior to green-card forum.

[BelgiumUSA 0]

The visa is valid for 6 months, once you use it to enter the USA you need to marry within 90 days of entry.

You CANNOT leave the USA until you marry, file for AOS, and Advance Parole and have AP document or Green-card IN-HAND. If you leave the USA without AP, or Green-card, you will be abandoning AOS process, and will be starting over, this time you will be filing for a spousal visa.

Moving this to Working/Traveling prior to green-card forum.

Hi,

thanks for your reply.

How long does it take then , after being married, to apply for all those things?

So basically, how long will I be stuck in the States before being able to get out...?

Thank you!

[Chris & Mara 0]

AP normally takes about 3 months, but every time you wish to leave I believe you need a new one.

AOS (to get your greencard) takes between 6 -9 months at the moment, though it can vary case by case.

If you get married the week you arrive and file asap it wont be that long before you can jet set around the world again.

[BelgiumUSA 0]

AP normally takes about 3 months, but every time you wish to leave I believe you need a new one.

AOS (to get your greencard) takes between 6 -9 months at the moment, though it can vary case by case.

If you get married the week you arrive and file asap it wont be that long before you can jet set around the world again.

Hi,

Thank you for your reply.

I just have a lot of events I need to attend this year ( USA-POLYNESIA-CANADA-BELGIUM), so I'm trying to figure out what the best solution is, and I think I should try and get my interview for my visa as late as possible ( after going to the USA, I don't need a visa to go to the US as a tourist) so I can still travel and then go back there and get married once I don't need to travel so much ( later this year).

Thank you all for your help, I really appreciate!

[Kez/JWolf 6]

AP normally takes about 3 months, but every time you wish to leave I believe you need a new one.

AOS (to get your greencard) takes between 6 -9 months at the moment, though it can vary case by case.

If you get married the week you arrive and file asap it wont be that long before you can jet set around the world again.

Hi,

Thank you for your reply.

I just have a lot of events I need to attend this year ( USA-POLYNESIA-CANADA-BELGIUM), so I'm trying to figure out what the best solution is, and I think I should try and get my interview for my visa as late as possible ( after going to the USA, I don't need a visa to go to the US as a tourist) so I can still travel and then go back there and get married once I don't need to travel so much ( later this year).

Thank you all for your help, I really appreciate!

If you have been approved for a K1 visa you can not use the VWP to enter and leave the US. You will activate your K1 Visa the first time you enter the US after it has been approved, it is good for 1 entry only and you must get married within the 90 days. You then can not leave and return to the USA until you have either Advanced Parole or your Greencard.

[YuAndDan 153]

AP normally takes about 3 months, but every time you wish to leave I believe you need a new one.

AOS (to get your greencard) takes between 6 -9 months at the moment, though it can vary case by case.

If you get married the week you arrive and file asap it wont be that long before you can jet set around the world again.

Not quite, AP is a multi-entry document, it is valid for 1 year.

[Jasman0717 9]

Some embassies will extend the six month limit if you have a real need.

[Krikit 1,164]

1. You have 6 months to use the visa once it has been issued. The expiry date is shown on the visa.

2. You can request a delay in issuance of the visa once you have been approved. When you are ready to travel, simply send them your passport and they will issue the visa at that time.

3. Some of us have been able to travel to the US with the visa in our passports but have not been required to use them. There is no policy stating the visa must be used upon entry to the US, but it is always up to the CBP officer whether they will require you to or not.

4. After using the visa, you cannot leave the US and return again before being married. You must stay, marry, then file for AOS and AP. You can file immediately, once you have all your documentation together. Please see the I-485 instruction document for what you will require.

5. You are allowed to travel to other countries with the visa in your passport before travelling to the US. The visa is applicable to the US only. It has nothing to do with other countries.

6. If you want to return to the US, you may only leave after receiving the AP and/or greencard. You need to be very careful, however, about the length of time you are away as this will impact future residency and/or naturalization requirements. See this link for more information on reentry: CBP Find Answers. If you are away from the US more than you are in the US, and want to apply for naturalization, you may hit a speed bump.

[Jasman0717 9]

1. You have 6 months to use the visa once it has been issued. The expiry date is shown on the visa.

2. You can request a delay in issuance of the visa once you have been approved. When you are ready to travel, simply send them your passport and they will issue the visa at that time.

3. Some of us have been able to travel to the US with the visa in our passports but have not been required to use them. There is no policy stating the visa must be used upon entry to the US, but it is always up to the CBP officer whether they will require you to or not.

4. After using the visa, you cannot leave the US and return again before being married. You must stay, marry, then file for AOS and AP. You can file immediately, once you have all your documentation together. Please see the I-485 instruction document for what you will require.

5. You are allowed to travel to other countries with the visa in your passport before travelling to the US. The visa is applicable to the US only. It has nothing to do with other countries.

6. If you want to return to the US, you may only leave after receiving the AP and/or greencard. You need to be very careful, however, about the length of time you are away as this will impact future residency and/or naturalization requirements. See this link for more information on reentry: CBP Find Answers. If you are away from the US more than you are in the US, and want to apply for naturalization, you may hit a speed bump.

[I'm Gone 60]

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) has

returned abroad prior to the marriage, the consular officer may issue a new

K visa, provided that the period of validity does not exceed the 90th day

after the date of initial admission of the alien on the original K visa and

provided also that the petitioner and beneficiary still intend and are free to

marry. The alien’s return to the United States and marriage to the petitioner

must take place within 90 days from the date of the original admission into

the United States in K status.

http://www.state.gov/documents/organization/87393.pdf

9 FAM 41.81 PN3.6 Visa Fees and Validity

b. The K-1 and K-2 visas shall be valid for six months for one entry.

Nothing in there about getting a new visa if you let the visa expire by not using it within 6 months. I think that would call into question your planning to marry.

Edited January 17, 2009 by I Quit

[Krikit 1,164]

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) has

returned abroad prior to the marriage, the consular officer may issue a new

K visa, provided that the period of validity does not exceed the 90th day

after the date of initial admission of the alien on the original K visa and

provided also that the petitioner and beneficiary still intend and are free to

marry. The alien’s return to the United States and marriage to the petitioner

must take place within 90 days from the date of the original admission into

the United States in K status.

Yes, there is always that. I'd like to add a caveat emptor here, though. When I was looking to delay my entrance to the US we spoke with a consular officer about this option. We were told that we could try it, however they could not guarantee that they would reissue the visa and warned against it. It is entirely up to the consular officer and the circumstances must be exceptional. (See highlighted word.) Just wanted to put that out there so you are aware of the risk.