Confused about K1 Validation

[maiandra 0]

The visa is valid for 6 months from when you are issued the visa. You must enter the USA within 6 months. When you enter the USA your K-1 visa is CANCELLED (it is sinlge entry only) It is replaced by the I-94 which is valid for 90 days. You must get married and (by law) file for AOS before the I-94 expires 90 days after you enter the USA.

Any of the government and consulate websites should explain this. Sometimes they are not all that clear, but thats the deal. Visa validity and I-94 validity do not vary by consulate.

Yeah, that is the point, it is not clearly written anywhere! We have started with our process back in November 08, read through all the instructions from USCIS and so on, and applied in December 08. In February 09 I found visajourney, so we applied for the visa without any informations from the visajourney pages (which have great background info's ), only with the instructions that came with the downloaded documents for the application. Anyway, now our documents are already on its way to the consulate. And yesterday I overread that the K1 Visa will have a 6 months validation -we never knew that fact. Somehow we always thought, I get the visa, and that will be valid 90 days from the issued date on. So we already paniced the other day, because things speeding up for us so fast lately, which we didn't expect. But now we can relax again, and plan our wedding without stressing out on dates anymore...puuhh!

THANK YOU!

[baron555 934]

I'm sure the others will correct me if I am wrong:

1. K-1 approved and issued, then you have 6 months to get to US.

2. Once here, you have 90 days to marry, or she/he goes back.

3. As soon as you marry and before the 90 days is up, you must file for AOS, or else you will be out of status and may affect if you can leave the US and return while waiting for AOS.

4. SSN does not factor into any of the above but may be a factor elsewhere.

[Gary and Alla 3,694]

The visa is valid for 6 months from when you are issued the visa. You must enter the USA within 6 months. When you enter the USA your K-1 visa is CANCELLED (it is sinlge entry only) It is replaced by the I-94 which is valid for 90 days.

Pushbrk already said this.

You must get married and (by law) file for AOS before the I-94 expires 90 days after you enter the USA.

It is advisable and prudent, but not a "must," to file for AOS within that time. If I'm wrong, someone will cite the controlling law verbatim. You must indeed marry your fiance(e) within the 90 days after entry to the U.S.

The instructions for the I-485 list as ineligible to adjust status any person with an expired I-94. I am well aware that many people file the AOS after the expiration of the I-94 but cannot recommend someone do something specifically against the instructions.

Fortunately, exceptions to that rule are pretty routine for the immediate relatives of US Citizens, when that's the only exception needed. What I wouldn't do is recommend a K1 intentionally wait to marry because it increases the AOS fees from $1,010 to $1,365 as well as further delaying the process and almost assures an interview that is otherwise often not necessary.

Agreed. I think anyone that has read these threads for any amount of time realizes that many K-1s file AOS after 90 days and I haven't heard of any problems. But, personally, I do not think it prudent to "recommend" anyone do this.

[Gary and Alla 3,694]

Actually now that we thought about it, its maybe better to just apply for SSN after getting married, unless the SSN is needed somewhere between entry and after marriage. Only thing I can think of is needing it for marriage license but maybe my passport will be enough.

I recommend...

1. Drive from the airport where you arrive to the SS office and apply for your card. If they are closed for the day, go the next morning.

2. Get married

3. Add your "married name" to the bank account using your SS card and passport in your maiden name and your marriage license as proof of name change. Do the same for driver's lisence or anything else. Actually, few if any, people ever ask to see your SS card. They will ask for the number. SS cards are not considered valid primary identification.

4. file for AOS

5. Change name at the SS office after completeing the AOS. Your SS number remains the same. The SS office will go into convulsions about the name change and take weeks to get you a new card because they have to check with, well, everyone it would seem. It will not matter to you, you will have your card and number. Smile.

[pushbrk 13,250]

The visa is valid for 6 months from when you are issued the visa. You must enter the USA within 6 months. When you enter the USA your K-1 visa is CANCELLED (it is sinlge entry only) It is replaced by the I-94 which is valid for 90 days.

Pushbrk already said this.

You must get married and (by law) file for AOS before the I-94 expires 90 days after you enter the USA.

It is advisable and prudent, but not a "must," to file for AOS within that time. If I'm wrong, someone will cite the controlling law verbatim. You must indeed marry your fiance(e) within the 90 days after entry to the U.S.

The instructions for the I-485 list as ineligible to adjust status any person with an expired I-94. I am well aware that many people file the AOS after the expiration of the I-94 but cannot recommend someone do something specifically against the instructions.

Fortunately, exceptions to that rule are pretty routine for the immediate relatives of US Citizens, when that's the only exception needed. What I wouldn't do is recommend a K1 intentionally wait to marry because it increases the AOS fees from $1,010 to $1,365 as well as further delaying the process and almost assures an interview that is otherwise often not necessary.

Agreed. I think anyone that has read these threads for any amount of time realizes that many K-1s file AOS after 90 days and I haven't heard of any problems. But, personally, I do not think it prudent to "recommend" anyone do this.

Actually, my comments were addressing the scenario where the marriage itself occurs after 90 days, not just the AOS filing. I don't recommend either but you do have 90 days to marry and cannot possibly file AOS until you have a marriage certificate in hand. Marriage on the last day will assure AOS is not filed until outside the 90 day window. When you know both the rules and the consequences, it's often easy to weigh your options.

[TBoneTX 46,379]

I recommend...

1. Drive from the airport where you arrive to the SS office and apply for your card. If they are closed for the day, go the next morning.

The U.S. entrant won't be in the system for a couple of weeks. Wait that long, then try.

[Jenni and Bo 0]

3. Add your "married name" to the bank account using your SS card and passport in your maiden name and your marriage license as proof of name change. Do the same for driver's lisence or anything else. Actually, few if any, people ever ask to see your SS card. They will ask for the number. SS cards are not considered valid primary identification.

Actually, our bank would NOT add my married name to the bank account - it had to be in my maiden name, as my two forms of ID were in my maiden name (SSN and Passport)- Even with my marriage certificate. They have to see my greencard in my married name to change it over.

But it would vary by bank I would assume....