Married

[RichiJenny 14]

I've been thinking and would like some clarification on this please guys.

I entered the US on March 11 at about 8pm. Our Wedding date was on June 9 in the evening. ( this being the 90th day).

I am correct in saying that this is ok, right? I mean, you have the full 90 days to be married? I checked with the CBP regarding the 90 day VWP and you get the full 90 days on that, so the K1 follows suit, correct?

Thanks so much

[I'm Gone 60]

From and including: Saturday, March 11, 2006

To and including: Friday, June 9, 2006

It is 91 days from the start date to the end date, end date included

From and including: Saturday, March 11, 2006

To, but not including : Friday, June 9, 2006

It is 90 days from the start date to the end date, but not including the end date

My questions is why the hell would you cut it that close?

[Kez/JWolf 6]

Looks like you missed the 90 days by 1 day....

Kezzie

[Not Available 0]

I am not sure how the USCIS counts their days... but mdyoung is right in the calculations. You entered on March 11, if they count that day, its 91, if not than its 90.

I hope for your sake it's the latter, but it does look like you were a day late.

Edited September 7, 2006 by Stina

[nayalamb 0]

what's the expiry date on your I-94? wouldn't that say what the right 90 day deadline is?

i checked it using the same 90 days as calculated on my I-94...

looks like you are okay for june 9th... 90 days on the nose....

that's a really close shave... too close for my personal liking but oh well...

Edited September 7, 2006 by nayalamb

[j_e_w_e_l_l_y_n 0]

hi there! i just read your post and hurridly, i went to the kitchen and check the calendar... YOU WILL BE OKAY!!! :-) June 9th is your 90th day in the USA.

If you check your I-94 and passport, you will see the expiration of your visa... So, if you entered USA March 11th, the last day of your K-1 visa is June 9th.

Having a K-1 visa means you agreed to marry your fiance(petitioner) ON OR BEFORE the 90 day period given by the USA immigration. :-)

As long as you applied for an advanced parole because you left the USA due to emergency... YOU WILL BE OKAY :-)

[Kez/JWolf 6]

it is not day 90 it is day 91... the day of arrival counts as day 1... day 90 is June 8th...

But as the OP left without AP and is now filing for CR1 it does not matter what day they got married...

Kezzie

[RichiJenny 14]

Long story, not really one Id get into, but I do believe that they count the full 90 days.

Unfortunately I had to come home due to an emergency, so Im currently hoping to file for CR1

it is not day 90 it is day 91... the day of arrival counts as day 1... day 90 is June 8th...

But as the OP left without AP and is now filing for CR1 it does not matter what day they got married...

Kezzie

The date on my I94 said June 9.

The CBP officers told me that the following day that you arrive is your first day. I queried this a while back wit them , as I left on the last day of my I94 on one of my previous visits. I have done this a few times, and it was never considered an 'overstay.

That said, if you are right, Kezzie, would this hinder us in filing for our CR1?

[Kez/JWolf 6]

It wont make any diffrence to a CR1 the only time it could be an issue is if you were still doing AOS from a K1 as it is part of the K1 visa that you marry within 90 days....

I hope your CR1 goes quickly for you so you can come home asap..

Kezzie

[RichiJenny 14]

Im 99.9% sure that the last day on the I94 includes the day you can get married, but I wanted to make sure, as yes, my I94 was June 9.

I was concerned that if it was 91 days, it would be classed as an overstay? ie 91 days

[Kez/JWolf 6]

well you were out of status from the day your I-94 expired and up to the day you filed for AOS.... but this should not cause you any problems now as you are doing CR1..

The best way to look on it is that everything conected to your K1 is finished... you are now starting again with a new visa....

Kezzie

[Nikita2Charles 32]

You should not have any problem as you got married on the last day of your I94, no need to stress out, you have fullfill your K1 obligation, now it doesn't matter since you are doing CR1. I hope everything is well with you back home.

God bless

[meauxna 15]

well you were out of status from the day your I-94 expired and up to the day you filed for AOS.... but this should not cause you any problems now as you are doing CR1..

The best way to look on it is that everything conected to your K1 is finished... you are now starting again with a new visa....

Kezzie

I agree with Kezzie.. this is a moot point that I don't think can be answered at VJ.

The K-1 is done and dusted.. the only way it helps is that your new process will be similar, so you know what to expect and you have some of your documents already.

If there is a one day overstay, it merely (ha ha, big merely) inhibits your use of the VWP. It will not hurt your Immigrant Visa application.

[j_e_w_e_l_l_y_n 0]

If the expiration date of your I-94 is JUNE 9,,, and you got married that date... YOU WILL BE OKAY!!!

because YOU SHOULD GET MARRIED ON OR BEFORE that date(june 9).

I'm telling you the truth. :-D If you want,,, you may go to a USCIS local office for infopass... they will give you information. It's free! Ask if you did the right thing! I'm sure they'll say YOU'RE DOING JUST FINE. :-)

give it a try!

[Kez/JWolf 6]

j_e_w_e_l_l_y_n the OP is no longer in the US so he cant make an infopass appointment.... as he is now doing CR1 it does not matter what date he got married or what date his I-94 expired....

Kezzie