Post K1 Confusion...

[JacksonRy 0]

I would like to thank anyone who can help me on this as I have gotten different information from the consulate in Krakow, the embassy in Warsaw, Poland and the immigration lawyer I consulted so I am pretty confused.

I am a US citizen (currently a student in Poland) who has applied and been approved for a K1 visa with my fiance. We just mailed in our DS-230 Part 1 form along with the I-134 & the I-1864a form and are awaiting our interviews to be scheduled.

Assuming that everything goes well and we are able to go to the States to be married, will my fiance (at this point my wife) be able to stay in the US while we apply for her Adjustment of Status?

She won't need to return to Poland for any reason will she? We are hoping to apply for the change of status on the first day of the K1 (we are waiting to get the visa to jump on the plane) and are hoping that we can file the I-765 so that she can start working as soon as possible.

Are we missing a step or does that sound about right? We have been told several different things and are really getting tired of the 'officials' all contradicting each other.

Thanks again!

[dakay ♥ 10]

I recommend you read some guides to clarify the steps involved, here the K1 Flowchart

for her adjustment of status, she must be in USA, there is no other way. She can not return to Poland while she is adjusting, just if she has any emergency to return, but she will need the advance parole to travel

[belinda63 3,047]

Your petition has been approved she still has to have the medical exam and the visa interview. Once she has her K-1 visa she will have (usually) six months to enter the US and then after entry 90 days to get married. As soon as you have the marriage certificate (which in some states it is possible to obtain the same day as the marriage) you can file for AOS. You may file for EAD and AP at the same time as the AOS at no additional cost.

Remember the K-1 visa is a one entry only visa and once she uses it if she leaves the country for any reason prior to obtaining her AP she cannot re-enter as an immigrant (very rare exceptions apply).

[Mononoke28 135]

I would like to thank anyone who can help me on this as I have gotten different information from the consulate in Krakow, the embassy in Warsaw, Poland and the immigration lawyer I consulted so I am pretty confused.

I am a US citizen (currently a student in Poland) who has applied and been approved for a K1 visa with my fiance. We just mailed in our DS-230 Part 1 form along with the I-134 & the I-1864a form and are awaiting our interviews to be scheduled.

Assuming that everything goes well and we are able to go to the States to be married, will my fiance (at this point my wife) be able to stay in the US while we apply for her Adjustment of Status?

She won't need to return to Poland for any reason will she? We are hoping to apply for the change of status on the first day of the K1 (we are waiting to get the visa to jump on the plane) and are hoping that we can file the I-765 so that she can start working as soon as possible.

Are we missing a step or does that sound about right? We have been told several different things and are really getting tired of the 'officials' all contradicting each other.

Thanks again!

I'm really confused by your post. You filed for her K1 visa and are waiting for the interviews? How many people will be having an interview? Also, you say she's your wife? Or are you referring to her as your wife after she arrives here with her K1 visa? One last thing, did you say you were filing for AOS the first day of her arrival? If so, I highly doubt that she can arrive early in the day so you can get married, get your marriage license and file for AOS.

Diana

[Darnell 8,479]

Her K-1 has not been approved, but the I-129F petition that you filed, has been approved. Cool !

Now she's eligible for apply for the K-1 visa, with the tonne of paperwork that you mentioned.

You can't file the adjustment of status on Day 1 of the USA Entry date unless, by some miracle -

you were able to 1) get a marriage license 2) get married 3) get the marriage certificate out of the courthouse and then 4) file the AOS package.

IMO, give 'all that' about 5 weeks, if you want to really rush things - as she'll need to muck about with a Civil Surgeon, as well, in the USA, prior to filing the AOS package.

Good Luck !

[JacksonRy 0]

I'm really confused by your post. You filed for her K1 visa and are waiting for the interviews? How many people will be having an interview? Also, you say she's your wife? Or are you referring to her as your wife after she arrives here with her K1 visa? One last thing, did you say you were filing for AOS the first day of her arrival? If so, I highly doubt that she can arrive early in the day so you can get married, get your marriage license and file for AOS.

Diana

To clarify, she is the only one that will have the interview. As stated, we are waiting on the interview to be scheduled and, yes, the medical exam.

The 'wife' comment was referring to the future stage of our process. That is why I put, "at this point, my wife" meaning that from this point on in the post everything would be post-marriage. We plan on simply visiting the court house, in my state & city we can have the marriage certificate the same day and we literally plan on doing so on our first full day in the US while on her K1 and sending in the AOS package that afternoon. Real romantic, I know, but yadda yadda.

My question is, after we are married and filing for the AOS, can she legally stay in the US?

[Darnell 8,479]

she has 90 days after her POE date, ( note the expiration date on the I-94 form that she'll receive at the Customs/Immigration CheckPoint at the airport) to get married. And that's it- no other regulation covering her presence in the USA. Some people confuse 'to file AOS' within the 90 day window, but there is no Regulation that states that. Don't wait too long, aye? (too long = 2 years ) . So, she has 90 days of 'legal presence' in the USA. She must get married within those 90 days. After marriage, she has no 'residence status' until the AOS is filed, but she is still legally IN the USA, since she married you within those 90 days.

Don't forget any medical stuff, to do, for the I-693 - will be d@mn near impossible to see a civil surgeon on the day that she arrives. Review the AOS guides here (train yer eyes up, click on guides, AOS on right panel) and pay attention to the medical stuff. Seriously.

Edited July 7, 2010 by Darnell

[JacksonRy 0]

Your petition has been approved she still has to have the medical exam and the visa interview. Once she has her K-1 visa she will have (usually) six months to enter the US and then after entry 90 days to get married. As soon as you have the marriage certificate (which in some states it is possible to obtain the same day as the marriage) you can file for AOS. You may file for EAD and AP at the same time as the AOS at no additional cost.

Remember the K-1 visa is a one entry only visa and once she uses it if she leaves the country for any reason prior to obtaining her AP she cannot re-enter as an immigrant (very rare exceptions apply).

I suppose that is what I am asking. On her trip to the States with her K1, after we are married (which in my state/city, you can receive your marriage certificate the same day at the court house which would mean we would have our AOS package in the mail with the quickness) is she legally allowed to stay in the States until she is approved or denied for her AOS? We have been told that she could be married but would have to return to Poland if the AOS was not completed by the time the K1 expires. We have also been told the exact opposite by someone in the same office at the same embassy.

[Darnell 8,479]

We have been told that she could be married but would have to return to Poland if the AOS was not completed by the time the K1 expires. We have also been told the exact opposite by someone in the same office at the same embassy. yikes- FUD ! Fear, Uncertainty, and Doubt, being spread by ppl in the US Embassy. Pay attention to US Citizens that work in the Immigration Visa Unit, ignore everyone else that works there, seriously !

review what I wrote, in post #7. Good Luck !

Edited July 7, 2010 by Darnell

[JacksonRy 0]

she has 90 days after her POE date, ( note the expiration date on the I-94 form that she'll receive at the Customs/Immigration CheckPoint at the airport) to get married. And that's it- no other regulation covering her presence in the USA. Some people confuse 'to file AOS' within the 90 day window, but there is no Regulation that states that. Don't wait too long, aye? (too long = 2 years ) . So, she has 90 days of 'legal presence' in the USA. She must get married within those 90 days. After marriage, she has no 'residence status' until the AOS is filed, but she is still legally IN the USA, since she married you within those 90 days.

Don't forget any medical stuff, to do, for the I-693 - will be d@mn near impossible to see a civil surgeon on the day that she arrives. Review the AOS guides here (train yer eyes up, click on guides, AOS on right panel) and pay attention to the medical stuff. Seriously.

Okay... 90 days to do what? Stay in the States? File for the AOS? This is what I am asking...

[mandyu1 5]

I suppose that is what I am asking. On her trip to the States with her K1, after we are married (which in my state/city, you can receive your marriage certificate the same day at the court house which would mean we would have our AOS package in the mail with the quickness) is she legally allowed to stay in the States until she is approved or denied for her AOS? We have been told that she could be married but would have to return to Poland if the AOS was not completed by the time the K1 expires. We have also been told the exact opposite by someone in the same office at the same embassy.

Yes she can stay while her AOS is processing. If she were to leave before her AOS (without getting and advance parole) they may not let her back in the states as the F1 visa is only good for 1 entry into the country, and that is for her to come and marry you, then she stays here and begins the AOS.

[Darnell 8,479]

Okay... 90 days to do what? Stay in the States? File for the AOS? This is what I am asking...

re-read it, slower this time, pay attention to commas and parentheses closing marks.

[JacksonRy 0]

re-read it, slower this time, pay attention to commas and parentheses closing marks.

I replied before you edited your post so the snide 'read slower' comments are a pretty stupid. Reading what you wrote before your edit at one word per minute still wouldn't have told me anything.

Thanks just the same.

[JacksonRy 0]

Yes she can stay while her AOS is processing. If she were to leave before her AOS (without getting and advance parole) they may not let her back in the states as the F1 visa is only good for 1 entry into the country, and that is for her to come and marry you, then she stays here and begins the AOS.

Thank you, thats what I was looking for.

[Darnell 8,479]

snide remarks ??? OK !