K-1 Expiration and POE Confusion

[Nick & Aki 0]

I have much confusion with the dates when overlapping and I'm looking for a check for my understanding. So..in our case my fiance Aki (Japan) had her medical exam a couple weeks ago and is waiting for her interview. The US-Japan consulate states that when the Visa is issued, it will match the date of the med exam for the start date which is a total of 6 months. To make things easier i will round off the dates: What we are looking at then is if the stated approved date for the K-1 is June 1st then the end date will be December 1st. She was planning on moving to the US November 1st. If so, does this mean from November 1st till December 1st, she will have to:

1. Move to US

2. Marry me

3. Apply for the Adjustment of Status

*OR*: does the K-1 get extended another 3 months from the date she arrives in the US, bringing it to Feb 1st to get married and apply for AoS? I found this

This 90-day EAD expires when your 90-day K1 expires.

This 90-day EAD expires when your 90-day K1 expires. So this leads me to believe the K1 is extended 90 days after arrival.

BUT:

**Another way I understand is, for example, she moves to the US July 1st, we would have till October 1st to get married(3 months) and until Dec 1st(end 6 months from K-1 issue & expire) to file for the Adjustment of Status.

It seems the 6 month period validity of the K-1 is the max time to complete the numbered goals i listed above. Do I have this right????

It's not clear to me what my fiance's status will be from the time we are married till the AoS is complete and accepted.

Please help, and if possible please include some reference links. I've read many things over and over but still seem vague.

[Inky 1,111]

K-1 is not extended it is a ONE TIME use visa. You enter and it is then void.

She will get an I-94 that will last 90days. She must marry within the 90days.

After that apply for AOS as soon as possible.

[Andy and Pui 16]

If she comes November 1 you then have 90 days to marry and apply for AOS. If she comes July 1st you then have 90 days to marry and AOS. This page answers one of your questions http://travel.state.gov/visa/immigrants/types/types_2994.html. I do not know what the status is called when you marry and you have sent in your AOS and waiting for AOS to be accecpted. Hopefully someone who knows more then I can answer that part. I did not know the embassy in Japan uses the date from the medical as the start date on the visa. Good luck on Aki's upcoming interview.

[Harsh_77 718]

Visa is only for entry.

Day0 -->Day180 (Validity of K1 Visa) means she can enter US on any of the day between day 0 and day 180. So lets say she enters Day152.

Starting day152 you will have 90 days to get married and file for AOS.

[Nick & Aki 0]

I-94 that will last 90days. She must marry within the 90days.

Thanks a lot. Much appreciated and I can finally get some sleep.

[Nick & Aki 0]

I did not know the embassy in Japan uses the date from the medical as the start date on the visa.

Yeah, its right on their embassy page, nice and clear with an example and everything. Thankfully the two are only about 2 weeks apart, but hopefully she can get the rest of her vaccinations and records submitted to the original Dr in time to be sent to the interview.

[mattene 13]

fyi, you DO NOT have to apply for AOS before the 90 day/I-94 expires. People recommend it...not 100% sure why. I waited & filed recently after my POE was last November. this mis-information seems quite common on these boards. Matt

[Andy and Pui 16]

matt*lene, for me and I am going to guess for other people to is they file for AOS within the 90 days is so the foreign spouse can work. If you do not file for AOS on a k-1 visa the foreign spouse cannot work.

[JimVaPhuong 4,863]

fyi, you DO NOT have to apply for AOS before the 90 day/I-94 expires. People recommend it...not 100% sure why. I waited & filed recently after my POE was last November. this mis-information seems quite common on these boards. Matt

Nobody here says it's mandatory to file for AOS before the I-94 expires. Everyone acknowledges that there is no time limit. People here do strongly recommend it because the K1 visa holder is out of status when the I-94 expires - a sort of legal limbo in which they can't work, can't get a Social Security Number (unless they already have one), can't get a drivers license or state ID, can't go to most community colleges or universities, can't travel outside the US and return, can't get within 100 miles of the border with Mexico or risk a confrontation with CBP, and the list goes on. In other words, they become a non-person.

We waited a few extra months to file the AOS applications for my wife and step-kids. We knew the risk and consequences, and we accepted them when we chose to wait. Anyone else making the same decision should also understand those risks and consequences, and should also be willing to accept them. What we see, all too often instead, are people saying "I can't afford the AOS filing fees right now. Can my K1 spouse start working so we can save up some money?", or "Why can't my K1 spouse get a drivers license? How will he/she be able to work so we can save up money to pay for the AOS?".

[mattene 13]

Nobody here says it's mandatory to file for AOS before the I-94 expires.

sure reads that way on some of the above 'informative' posts. i've seen this mis-leading AOS info all over these forums, like I said mate, otherwise I wouldn't have posted about it. Thanks for the info about why some people advise AOS'ing asap, I did realise all those points. It was just a rhetorical question I guess. each person has different needs & i don't want people panicked into adjusting if they don't want, need or able to within 90 days (as was our case) - that was really my message. i've had a well needed break from work lol - well i do travel with my wife & volunteer at her job. matt

[mattene 13]

andy and pui - f she comes November 1 you then have 90 days to marry and apply for AOS. If she comes July 1st you then have 90 days to marry and AOS. This page answers one of your questions http://travel.state....types_2994.html. I do not know what the status is called when you marry and you have sent in your AOS and waiting for AOS to be accecpted. Hopefully someone who knows more then I can answer that part. I did not know the embassy in Japan uses the date from the medical as the start date on the visa. Good luck on Aki's upcoming interview.

0

harsh 77 - Visa is only for entry.

Day0 -->Day180 (Validity of K1 Visa) means she can enter US on any of the day between day 0 and day 180. So lets say she enters Day152.

Starting day152 you will have 90 days to get married and file for AOS.

theres just two posts (from only 1 message string) demonstrating what i said about the i-94 90 day limit-please read carefully if you didnt understand the point i was making. matt

[Casprd 167]

Visa is only for entry.

Day0 -->Day180 (Validity of K1 Visa) means she can enter US on any of the day between day 0 and day 180. So lets say she enters Day152.

Starting day152 you will have 90 days to get married and file for AOS.

You're looking at two different clocks so to speak.