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annieb

postpone K1

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Filed: K-1 Visa Country: France
Timeline

hello all,

my fiance and i successfully completed the very long k1 process. he arrived in CA with the visa in hand about a month ago. we had set a wedding date just two weeks after his arrival, but due to certain events decided to postpone.

my question is this. is there any way to extend the 3 months allowed to get married? we had been apart for over a year and while we were confident that this marriage is what we both wanted, we are now waiting and wanting to make sure that this is right for us. so...can we postpone?

thanks for any advice.

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I'm assuming somewhere at www.uscis.gov website. - Check in the immigration forms section and see if there are any specifics for the waiver.

However, I'm not sure "second thoughts" is on the list of reason to not marry within 90 days. You can try though!

Edited by haleywynne
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Actually, I remember reading a fairly sternly worded warning that the K1 fiance visa's 90 day validity is intended to give a couple time to plan a wedding, get married, and get their act together to file the AOS, and NOT intended to be used as a "getting to know you" period!

If you weren't sure, that's what visitor visa's are for...

My advice is to not get married if you aren't sure, but to also make sure you follow the law, and if his time isn't extended (I'm with what others mentioned, sounds doubtful), he should leave the country. If not, and you decide you do want to be married after all, then he'll have an overstay in his record!

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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I'm wondering whether or not you were planning an actual wedding, with guests, food, etc.? If you want to take some time to think about things, you DO have 90 days...and if you decided to go ahead with it all...then just get married. Later, you can plan a ceremony with your friends and family.

Although the 90 days may not be what some would deem a "get to know you stage"...it can be used for that purpose. I read quite a lot of information concerning the K-1 visa, and how it's changed a lot over the years. They eventually added the 90 days, to give the foreigner a chance to see whether or not they even liked living in the states, and whether or not the two people actually got along. Most people however, are pretty sure of it all, otherwise they wouldn't be spending that much money, but some people do end up with culture shock! As long as you either get married before that 90th day, or if you decide not to go through with it..he needs to leave. You could always apply later.

I hope everything works out for you...

K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

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As far as I know there is a waiver you can apply for with very good reasons.

Could you show a link please. As far as I know You HAVE to marry in 90 days.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: France
Timeline

just to clarify...we have "gotten to know" each other. we were together in france two years before being separated for a year. perhaps it's just the newness of each other again that is causing the nervousness.

thanks to all for your advice and help.

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