k-1 question

[khymster 0]

On my NOA2 it showed a date of September 25th. Does she have to be here and get married by then? It seems weird since I have always read you have 6 months to be to the USA. Also you have to file AOS within those 90 days right? Up above someone said no deadline but I dont think that is true.

[Penguin_ie 5,997]

If you haven't had your interview by then, the embassy will extend the NOA2 validity. Your visa is a different entity and as you say, usually valid for 6 months (sometimes a bit less if you had the medical early).

You MUST get married within 90- days of arriving in the USA. It is best to also file AOS within 90 days, because after that time you're kind of in limbo, status wise, but there is no legal requirement to file within 90 days.

[I AM NOT THAT GUY 5,715]

On my NOA2 it showed a date of September 25th. Does she have to be here and get married by then? It seems weird since I have always read you have 6 months to be to the USA. Also you have to file AOS within those 90 days right? Up above someone said no deadline but I dont think that is true.

If you are talking about the approval notice for I-129F, the beneficiary needs to apply for the K visa before the petition expires. Once the visa is issued, then the beneficiary needs to arrive in the US before the visa expires. One the beneficiary arrives, in the case of a K-1 visa, you must get married within 90 days to the petitioner, or leave the US. If you meet the condition of being married within 90 days to the petitioner, then there is no time limit to apply for AOS. However, the immigrant will be out of status, unable to travel, or work within the US, until you do so. There is no requirement that once you are married that the alien spouse remain in the US, however, he, or she will not be able to return to the US without obtaining another visa, or change of status.

[khymster 0]

So since the original NOA2 said September 25th on it that date does not matter now since the K1 visa was approved on July 21st? If I am reading all correctly she has 6 months since July 21st to arrive into the USA, then within 90 days after arrival we are to be married. But you can wait on filing AOS as long as you want? But she can not leave the country, work or anything like that correct.

[Rich&Vero 14]

So since the original NOA2 said September 25th on it that date does not matter now since the K1 visa was approved on July 21st? If I am reading all correctly she has 6 months since July 21st to arrive into the USA, then within 90 days after arrival we are to be married. But you can wait on filing AOS as long as you want? But she can not leave the country, work or anything like that correct.

No. The K-1 visit is good for a stay of 90 days. You need to get married AND file for the AOS within that 90 day period. If not, your fiance will be out-of-status.

[Rich&Vero 14]

No. The K-1 visit is good for a stay of 90 days. You need to get married AND file for the AOS within that 90 day period. If not, your fiance will be out-of-status.

Sorry.. should have read more thoroughly. That was already answered. If being out-of-status isn't a big deal to you then, yes, you can file AOS after the 90 day period.

[dyana 0]

she can enter US as long as her K-1 visa is not expired yet (printed on visa), and yes about 6months since issued (not related with NOA2 date-line anymore), and have to get married in 90days since arrived at POE), btw congrats for ur visa

[khymster 0]

Thanks Dyana,

I cant wait for her to arrive so we can be together finally. The thing that scares me though is the different opinions on filing AOS. I would file within the 90 days but people have said you dont have to. I dont want there to be a problem if I file after 90 days and then the AOS not getting approved. So I guess the best thing to do is to file within the 90 days. Thanks for all of your help and answers to my emails about all.