Marriage timing once K1 visa is issued

[lizzyduckluv 3]

Hello Everyone,

I have a question that might be unique but I do hope someone can help me answer it.

I am thrilled that my NOA2 is on it's way as I received the approval email on July 5th. Shockingly the entire process from submission to NOA2 only took 11 weeks.So if I use others experiences as a guide, it appears that we should have his K1 visa in hand in the Sept-Oct time frame. Super excited!

My question is the following--once the K1 visa is issued, are we required to marry upon the next time he enters US?

Here is why I am asking.

He lives in the UK and travels for work to the US. He will need to be in Las Vegas for work in January and then in Barcelona for work in February. If we are required to marry the next time he enters the US in January, then he cannot leave the US to fulfill his work commitment in Barcelona the following month.

Just trying to get some information so he can plan his work commitment accordingly.

Thanks in advance!

[Pitaya 2,577]

Hello Everyone,

I have a question that might be unique but I do hope someone can help me answer it.

I am thrilled that my NOA2 is on it's way as I received the approval email on July 5th. Shockingly the entire process from submission to NOA2 only took 11 weeks.So if I use others experiences as a guide, it appears that we should have his K1 visa in hand in the Sept-Oct time frame. Super excited!

My question is the following--once the K1 visa is issued, are we required to marry upon the next time he enters US? Yes, upon using the K-1 visa you need to get married within 90 days of entering the US, and file for Adjustment of Status (AOS) as soon as possible.

Here is why I am asking.

He lives in the UK and travels for work to the US. He will need to be in Las Vegas for work in January and then in Barcelona for work in February. If we are required to marry the next time he enters the US in January, then he cannot leave the US to fulfill his work commitment in Barcelona the following month. Upon entering the US on a K-1 visa, your fiancé should not leave the US without an Advanced Parole (I-131) document or a Green Card (i-551). To get either of those documents, he must file for this AOS. , in particular, the AOS guides: http://www.visajourney.com/content/k1k3aos

If he leaves without either of those documents, he will be denied re-entry into the US. He will then have to refile for another K-1 (unmarried) visa or a CR-1 (married) visa, depending on your marital situation.

Just trying to get some information so he can plan his work commitment accordingly.

Thanks in advance!

Welcome to the forum.

Good luck on your journey.

~~Moved from K-1 Process to AOS Family Based Process Forum~~

Due line of inquiry.

[lizzyduckluv 3]

Thank you so much for your quick response and guidance. It's very much appreciated!

A follow up question, are we required to use the K1 visa when he next enters the US or can he enter without using the K1 visa in January, he will be in the US for business, and then come back to the US after his work commitment in Barcelona in February and at that time we can activate the K1 visa and marry?

Thanks again so very happy to have this forum!!

[Darnell 8,479]

there's been talk from the Canada forum from folk who cross the border for work, who have (mostly) yer same issue

and

the CBP fellas there have been known to NOT validate the K-1 visa on border crossing,

IF the foreigner asks for that, specifically, each time .

[Pitaya 2,577]

Thanks Uncle Darnell, I knew that you would easily know the answer to that question. It all depends on the Customs and Border Patrol (CBP) officer(s) at you fiancé's next US entry, he needs to specifically ask.

Additionally, once issued, the K-1 visa must be used within six months of issuance.

OP: It helps everyone that uses the forum.

Edited July 6, 2013 by A&B

[Darnell 8,479]

ya, i wrote 'validate' there,

when i should have written 'activate'

[Hank_ 9,174]

Thanks Uncle Darnell, I knew that you would easily know the answer to that question. It all depends on the Customs and Border Patrol (CBP) officer(s) at you fiancé's next US entry, he needs to specifically ask.

Additionally, once issued, the K-1 visa must be used within six months of issuance.

OP: It helps everyone that uses the forum.

One more note, the visa is tied to the date of the initial medical, not issuance date by the embassy. So its 6 months from the date of the medical.

[jkb11 26]

One more note, the visa is tied to the date of the initial medical, not issuance date by the embassy. So its 6 months from the date of the medical.

Hm, not true in my case. I got my K-1 valid for 6 months. Medical is valid for 12 months.

[HeatDeath 430]

The K1 visa has an expiry date written on it. It is overwhelmingly likely that the expiry date will be 6 months from the date the visa is issued. The visa must be used by that date. No other dates on any other document matter.

The medical expiry date is a related, but separate issue - if you file for AOS within one year of your K-1 medical examination, you do not need a new medical examination.

[lizzyduckluv 3]

Thank you everyone for all your responses. Is so very helpful! Think we have decided to not risk matters with a roll of the dice at POE with random CPB requesting K1 visa not be activated in January. He will remain in the UK to fulfill his work commitment in Barcelona in February and hand off the responsibilities for the Las Vegas trip to another. Makes matters a little less stressful in the long term.

I understand his K1 will be valid for 6 months activated and we have 90 days to marry once his visa is activated. If this is incorrect, please do correct me.

Many thanks....

[HeatDeath 430]

Your understanding is correct.

[Pitaya 2,577]

From the Department of State Nonimmigrant K-1 Fiance(e) Visa FAQs:

"With your visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance.You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States."

http://travel.state.gov/visa/immigrants/types/types_2994.html

[Bugs 455]

Wow 11 weeks was fast, probably a record this year for CSC. Unless it was an expedite. Was your case expedited?

Edited July 8, 2013 by Leon & Mylen

[lizzyduckluv 3]

Yes, super fast (California processing center estimated processing time is 5 months) and no our case wasn't expedited. I see you sent in your paper work about the same time I did so hope you get NOA2 soon.

What I can share with you is on the same day I received email of NOA2 with approval from USCIS, I also received prior to the NOA2 email an email from USCIS saying that a name on my case had been updated. It freaked me out a little and I still have no idea what this was all about but then three hours later the NOA2 approval email arrived.

[Bugs 455]

Yes, super fast (California processing center estimated processing time is 5 months) and no our case wasn't expedited. I see you sent in your paper work about the same time I did so hope you get NOA2 soon.

What I can share with you is on the same day I received email of NOA2 with approval from USCIS, I also received prior to the NOA2 email an email from USCIS saying that a name on my case had been updated. It freaked me out a little and I still have no idea what this was all about but then three hours later the NOA2 approval email arrived.

Wonderful. It indeed gives me hope that my approval is just around the corner!

Edited July 8, 2013 by Leon & Mylen