How long do you have to use k1 visa

[femdawg88 1]

I was wondering how long do you have to enter the US after receiving k1 visa, I've 3 months and 6 months, which is it?

[Pitaya 2,577]

Welcome to the forum.

Review the DOS Nonimmigrant K-1 Visa FAQs for that, and other, often asked questions:

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

Good luck on your immigration journey.

[Hypnos 6,576]

K-1s are typically valid for six months from the date of the medical.

[Umka36 781]

Once you get the K1 visa, there will be a expiration date on it.

[TJandJR 69]

I also heard or read 6 months from the date of the medical.

[kitthekat 1,317]

You have until the expiry date printed on the K1. Usually it is 6 months from the date of the medical, but can be less in some cases.

[Ladidinbaba 2]

Its six months but your medical expires six months from when you do it so you need to enter before ur medical expires. Which may be before that six months

[Kev-N-Ann 45]

You have 6 months to enter the country from the date the visa was issued. Once you enter the country, you have 90 days to get married.

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#14

Remember, you must also file for adjustment of status within that same 90 day period. If you do not file for AOS within this period, your fiance will have to leave the country.

[Hypnos 6,576]

Wrong on both counts.

A K-1 usually has validity of six months from the date of the medical, not the date of issuance.

And even if the K-1 does not marry within 90 days of PoE, if they go on to marry their original petitioner than they can submit an I-130 and an I-485 and adjust status that way.

[Kev-N-Ann 45]

Wrong on both counts.

A K-1 usually has validity of six months from the date of the medical, not the date of issuance.

And even if the K-1 does not marry within 90 days of PoE, if they go on to marry their original petitioner than they can submit an I-130 and an I-485 and adjust status that way.

So the department of state website is wrong? And how am I wrong about having to leave the country if you don't file AOS within the 90 days?

[Hypnos 6,576]

A K-1 visa is valid for 6 months from either the date of the medical or the date of approval, whichever happens first. For ~95% of people that's going to be the medical, hence their visas being valid for six months from the date of the medical.

A K-1 who enters but fails to marry their petitioner within 90 days, or marries within 90 days but doesn't file for AoS, goes out of status when their I-94 expires. Theoretically, someone could remain out of status for decades before submitting their AoS, although life would suck since they would be unable to work legally, get a social security number, etc. They would be deportable and therefore could be detained by ICE at any time. A K-1 who fails to marry within 90 days can still concurrently file an I-130 and I-485 and adjust status though.

Edited October 28, 2013 by Hypnos

[Kev-N-Ann 45]

Yes, theoretically someone could stay here illegally, but that's not very good advice.

[Hypnos 6,576]

Certainly, I would never advise anyone to do that.

[KayDeeCee 4,893]

There is no deadline to file for AOS, and you do not have to leave the country if you do not file within 90 days of entry. You need to marry within 90 days of entry. Many people file days, weeks, and months after their I-94 expires with no problems at all. Some even file a year or years after. Yes, you will begin to accrue overstay once the I-94 expires, but overstay is forgiven for the spouse of USC and will have no affect on your AOS.

You do not want to leave the US because then you will be ineligible to file for AOS and would then have to start over by filing for a spousal visa to be able to re-enter the US. So, one enters with a K-1 and marries within 90 days, then files for AOS as soon as they can. They should not leave the US without first having AP or their green card in hand.

[Kev-N-Ann 45]

Yes there is a deadline. Once the I-94 expires, you are technically here illegally. I won't disagree that people do miss the deadline by a short while and have no problems, but to say it's not required is just bad advice.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1