How long do you have to use k1 visa

[KayDeeCee 4,893]

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

No. There is NO deadline to file for AOS. Someone could enter on a K-1, marry within the 90 days and meet the eligibility requirement to file for AOS. You must marry within the 90 days, not file for AOS. They could live in the US with their spouse for 5 years and then file for AOS and still be eligible to file for it and have it approved. They would be out of status as soon as the I-94 expired, so I do not know why anyone would want to live in the US out of status for so long when they can file for AOS and become a legal permanent resident, but the point is, they could. It is not bad advice to state is not a requirement because it is a fact.

Facts are not bad advice. You linked to the VJ FAQ here, which does not state it is a requirement to file within 90 days. It states you should try to. Why does it not state you must file for AOS within those 90 days too? Because it is not legally a requirement to do so.

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

Nowhere on this USCIS page of information about getting a green card for a K-1 does it state there is a deadline to file, only that you must marry within the 90 days, not file for AOS > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

[Kev-N-Ann 45]

USCIS is giving conflicting information. In this section 23.2 General Adjustment of Status Issues, under a section concerning advance parole, clearly states there is a 90 day time frame.

USCIS notes that applicants for adjustment of status who entered as a K-1 or K-2 nonimmigrant, and who later filed to adjust status, will continue to be required to obtain advance parole to avoid abandonment of their adjustment application upon departure, as provided in 8 CFR 245.2(a)(4). This is the case because K-1 and K-2 aliens have only a 90-day period of admission prior to being required to marry the citizen petitioner and file for an adjustment application.

[Hypnos 6,576]

Overstay is not a barrier for an immediate relative of a US citizen, such as a spouse, to be able to file for adjustment of status. The only caveat with a K-1 is that they can only ever adjust status based on marriage to their original petitioner.

[KayDeeCee 4,893]

Just sounds like a poorly worded sentence in the notes section of the Adjudicator's Field Manual that talks about why a K-1 needs AP and a K-3 does not.

You only have to marry within 90 days to be eligible for AOS. No filing deadline.

8 CFR Sec. 214.2(k)(6)(ii) :http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-18881.html

Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act.

Search on VJ for the topic of no deadline for AOS. This has been discussed many many times here.

[baron555 934]

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?

6 months but some Embassies have been known to extend that time if requested.

[Kev-N-Ann 45]

You will still be out of status after 90 days. What's the purpose of ever filing if there is no deadline?

[KayDeeCee 4,893]

You will still be out of status after 90 days. What's the purpose of ever filing if there is no deadline?

So you are not out of status and a legal permanent resident? So you can get an ID or drivers license, work, go to school, travel outside the US and be able to re-enter. If you ever want to file for naturalization, the sooner you become an LPR, the sooner your 3 year clock starts for being eligible to do that as well. You are essentially home-bound and dependent upon the USC spouse for everything and have to worry about traveling near the borders and hitting CBP checkpoints or the searches they do on buses looking for illegals they sometimes conduct, if you were to try and get around that way. I personally would not want to live like that. It is always best to file as soon as possible.

[Umka36 781]

Another problem for the K1 beneficiary is if the marriage ends in divorce before filing the AOS, there would have no legal basis to AOS. It would just be an ugly mess and unfair to the beneficiary.

[Kev-N-Ann 45]

So you are not out of status and a legal permanent resident? So you can get an ID or drivers license, work, go to school, travel outside the US and be able to re-enter. If you ever want to file for naturalization, the sooner you become an LPR, the sooner your 3 year clock starts for being eligible to do that as well. You are essentially home-bound and dependent upon the USC spouse for everything and have to worry about traveling near the borders and hitting CBP checkpoints or the searches they do on buses looking for illegals they sometimes conduct, if you were to try and get around that way. I personally would not want to live like that. It is always best to file as soon as possible.

Exactly! That's why you should file within the 90 days!

[Hypnos 6,576]

Should ≠ have to.

Edited November 1, 2013 by Hypnos

[KayDeeCee 4,893]

Exactly! That's why you should file within the 90 days!

Okay, and I always advise people to file as soon as possible because of those reasons. Both Hypnos and I were clearing up your incorrect information about how you are required to file within those 90 days and that if you do not then you must leave the US. It seems to be all cleared up now.

[baron555 934]

You will still be out of status after 90 days. What's the purpose of ever filing if there is no deadline?

So one could legally work and be able to return to the US if they left.

[TravelingFrog6476 3]

No. There is NO deadline to file for AOS. Someone could enter on a K-1, marry within the 90 days and meet the eligibility requirement to file for AOS. You must marry within the 90 days, not file for AOS. They could live in the US with their spouse for 5 years and then file for AOS and still be eligible to file for it and have it approved. They would be out of status as soon as the I-94 expired, so I do not know why anyone would want to live in the US out of status for so long when they can file for AOS and become a legal permanent resident, but the point is, they could. It is not bad advice to state is not a requirement because it is a fact.

Facts are not bad advice. You linked to the VJ FAQ here, which does not state it is a requirement to file within 90 days. It states you should try to. Why does it not state you must file for AOS within those 90 days too? Because it is not legally a requirement to do so.

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Nowhere on this USCIS page of information about getting a green card for a K-1 does it state there is a deadline to file, only that you must marry within the 90 days, not file for AOS > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

This is not correct. You need to read further below in the instructions. about "who is not eligible to adjust status". line number 4.

[KayDeeCee 4,893]

This is not correct. You need to read further below in the instructions. about "who is not eligible to adjust status". line number 4.

Really? I just replied to you in the other thread where you posted this. That section of the I-485 instructions is even quoted right here in this thread in post #16. It is you that needs to read further. #6 B. is what applies to a K-1 holder. I will quote it again for the 3rd time now >

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of

your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission;

A K-1 does not have to maintain their non-immigrant status to be eligible to file for AOS. If that were the case, then how do all the people that file after their I-94 expires get processed with no problems? People file days, weeks, months and even years after their I-94 has expired Again, there is NO deadline to file for AOS from a K-1 visa as long as you married within 90 days of entry.

[Hypnos 6,576]

This is not correct. You need to read further below in the instructions. about "who is not eligible to adjust status". line number 4.

You are mistaken.