How does USCIS calculate 90 days- is it calendar days?

[meuy99 4]

Sorry, this may be a dumb question, but nevertheless, I'm curious. Does USCIS count the 90 days as calendar days, for instance, our wedding date is set for July 12, 2014 and I'd really like my fiance to be here on April 12, 2014 because it's my niece's bday and a good chance for him to meet the family. But if I count 90 calendars, he'll have to be here April 14th and not april 12th. But if we're looking at months, 3 months from July 12th would be April 12th. Does that make sense? Of course I'd rather have him miss the birthday party so he can actually be here for the wedding, but if I can have my cake and eat it too, life would just be so much better

Can anyone confirm for me? Thanks!

[JayJayH 546]

90 calendar days, not 3 months. Sorry.

If he enters without intent to marry and adjust status within 90 calendar days, he will be refused entry and sent on a plane back to Joburg. I know it seems like a technicality, but the rules are very specific, and the system is very bureaucratic.

Edited November 16, 2013 by Yang-Ja

[Pitaya 2,577]

Consult the DOS Nonimmigrant K-1 Visa FAQs for more information:

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

[Pitaya 2,577]

90 calendar days, not 3 months. Sorry.

If he enters without intent to marry and adjust status within 90 calendar days, he will be refused entry and sent on a plane back to Joburg. I know it seems like a technicality, but the rules are very specific, and the system is very bureaucratic.

I believe that you are not entirely correct.

From the DOS FAQs:

Overview: What Is a K-1 Visa?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

However, there is no definite time requirement to apply to adjust status (AOS). It is usually recommended by most folks on this site to start the AOS process as soon as possible after marriage. Check out the numerous threads that have been posted on this subject through the use of the forum's Google search function.

Additionally, review the VJ site's K-1 AOS FAQs for more information:

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

Edited November 16, 2013 by A&B

[Canerican 242]

OP, just to clarify, your wedding is set for July 12, 2014, but you would like your fiance here for April 12, 2014? If this true, you and your fiance need to marry within 90 days of his entry or else you have to file a I-130 concurrently with an I-485 as you did not get married within the 90 days. Am I correct if the above is the situation A&B?

[JayJayH 546]

I believe that you are not entirely correct.

From the DOS FAQs:

However, there is no definite time requirement to apply to adjust status (AOS). It is usually recommended by most folks on this site to start the AOS process as soon as possible after marriage. Check out the numerous threads that have been posted on this subject through the use of the forum's Google search function.

Additionally, review the VJ site's K-1 AOS FAQs for more information:

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

While very few people ever encounter any trouble by filing for AOS after day 90, the alien is, on paper, unlawfully present on day 91 if AOS has not yet been filed. I don't know how the CBP would handle a K-1 visa holder if it is evident that this person does not intend to AOS within 90 days. In that case, they would be admitting a person whom they know will at some point be unlawfully present.

What is clear, is that the OP's fiance will not be admitted if the wedding is on day 92.

Edited November 16, 2013 by Yang-Ja

[Pitaya 2,577]

Yes, If the marriage occurs after 90 days, then the spousal visa scenario comes into play. Refer to numerous forum threads for details about those , and other situations.

Like many things, the devil is in the details. The DOS FAQs specifically mention that the foreign-finace(e) must get marry the US citizen-sponsor within ninety (90) days of arrival into the US. There is no mention of months, it is counted in days.

It is recommended that the AOS process be started as soon as possible after the marriage. By way of example, you can see from our signature that we submitted our AOS applications/packets approximately eighteen days after we got married. There can be consequences if the AOS process is not initiated promptly. Refer to numerous forum threads for details about those issues.

[meuy99 4]

Thank you all for your responses. No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame. The devil is in the details, so better safe than sorry. Thanks!!!

[Pitaya 2,577]

While very few people ever encounter any trouble by filing for AOS after the 90, the alien is, on paper, unlawfully present on day 91 if AOS has not yet been filed. I don't know how the CBP would handle a K-1 visa holder if it is evident that this person does not intend to AOS within 90 days.

What is clear, is that the OP's fiance will not be admitted if the wedding is on day 92.

The CBP's initial involvement is somewhat limited to accepting and processing the foreign fiancé(e) with their K-1 visa and associated paperwork at the POE; unless at the POE, the foreign fiancé(e) declares that they do not intend to marry their US citizen/sponsor as required by the terms of the K-1 visa. I am not sure if that has happened very often.

By way of example, at my then-fiancée's POE, she was asked/instructed by the CBP officer to get married within 90 days of arrival and to complete her processing. Check our signature line to see when we started the AOS process.

The CBP will not know if and when the USC-sponsor and the foreign-fiance(e) will get married. That fact will become evident to DHS when the AOS applications/paperwork is submitted to USCIS. The AOS application will likely be denied by USCIS if the marriage occurs after 90 days. Review the pertinent VJ FAQs: http://www.visajourney.com/faq/k1k2visa-aos.html

One possible secondary scenario that could involve the CBP is if the couple had gotten married within the 90-day period, yet had not started the AOS process and the alien-spouse's Form I-94 had expired, and subsequently was stopped by a CBP officer, at a roving inspection station (there are forum threads of those types of operations occurring along the southern US border area), the alien-spouse may be detained by the CBP for further processing, that may include deportation. There are numerous variations of this scenario, the end result is usually more trouble and hassles for the couple.

Edited November 16, 2013 by A&B

[KayDeeCee 4,893]

Thank you all for your responses. No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame. The devil is in the details, so better safe than sorry. Thanks!!!

You could have come in April, then get married at the courthouse just to satisfy the obligation to marry within 90 days, then have your wedding ceremony as planned, just no need for the license at the wedding since you will already be legally wed.

Also, as to the above stuff about being sent home, the CBP would not know if the K-1 entrant would be marrying for sure in the 90 days, and there is no deadline or requirement to also file for AOS within those same 90 days, so there is no issue about being sent back home upon entry because of that. And, if they married after the 90 days, they could still file for AOS, but would need to file the I-130 in order to be eligible.

Edited November 17, 2013 by Jay-Kay

[Ebunoluwa 6,136]

Sorry, this may be a dumb question, but nevertheless, I'm curious. Does USCIS count the 90 days as calendar days, for instance, our wedding date is set for July 12, 2014 and I'd really like my fiance to be here on April 12, 2014 because it's my niece's bday and a good chance for him to meet the family. But if I count 90 calendars, he'll have to be here April 14th and not april 12th. But if we're looking at months, 3 months from July 12th would be April 12th. Does that make sense? Of course I'd rather have him miss the birthday party so he can actually be here for the wedding, but if I can have my cake and eat it too, life would just be so much better

Can anyone confirm for me? Thanks!

Yes, 90 days not three months.

[NikLR 13,227]

NM i understand the question now... LOL /doh

Could you ask for your niece's birthday party to be thrown the weekend after so that your fiance would be able to be there to meet family before the wedding?

Edited November 17, 2013 by NLR

[LBeachey 44]

Thank you all for your responses. No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame. The devil is in the details, so better safe than sorry. Thanks!!!

One other option would be to have him come for the family function, get legally married civilly within the 90 days and still have the ceremony as scheduled.

[NigeriaorBust 4,087]

remember that your day of entry is day 1 and day 90 is 89 days later Also remember that the day the marriage is recorded is the one that counts not always the day the wedding take place

Edited November 17, 2013 by NigeriaorBust

[meuy99 4]

The CBP's initial involvement is somewhat limited to accepting and processing the foreign fiancé(e) with their K-1 visa and associated paperwork at the POE; unless at the POE, the foreign fiancé(e) declares that they do not intend to marry their US citizen/sponsor as required by the terms of the K-1 visa. I am not sure if that has happened very often.

By way of example, at my then-fiancée's POE, she was asked/instructed by the CBP officer to get married within 90 days of arrival and to complete her processing. Check our signature line to see when we started the AOS process.

The CBP will not know if and when the USC-sponsor and the foreign-fiance(e) will get married. That fact will become evident to DHS when the AOS applications/paperwork is submitted to USCIS. The AOS application will likely be denied by USCIS if the marriage occurs after 90 days. Review the pertinent VJ FAQs: http://www.visajourney.com/faq/k1k2visa-aos.html

One possible secondary scenario that could involve the CBP is if the couple had gotten married within the 90-day period, yet had not started the AOS process and the alien-spouse's Form I-94 had expired, and subsequently was stopped by a CBP officer, at a roving inspection station (there are forum threads of those types of operations occurring along the southern US border area), the alien-spouse may be detained by the CBP for further processing, that may include deportation. There are numerous variations of this scenario, the end result is usually more trouble and hassles for the couple.

You could have come in April, then get married at the courthouse just to satisfy the obligation to marry within 90 days, then have your wedding ceremony as planned, just no need for the license at the wedding since you will already be legally wed.

Also, as to the above stuff about being sent home, the CBP would not know if the K-1 entrant would be marrying for sure in the 90 days, and there is no deadline or requirement to also file for AOS within those same 90 days, so there is no issue about being sent back home upon entry because of that. And, if they married after the 90 days, they could still file for AOS, but would need to file the I-130 in order to be eligible.

NM i understand the question now... LOL /doh

Could you ask for your niece's birthday party to be thrown the weekend after so that your fiance would be able to be there to meet family before the wedding?

Move an 8 year's bday to accommodate old people- the kid would have a fit! lol.

One other option would be to have him come for the family function, get legally married civilly within the 90 days and still have the ceremony as scheduled.

remember that your day of entry is day 1 and day 90 is 89 days later Also remember that the day the marriage is recorded is the one that counts not always the day the wedding take place

Thanks for the suggestions everyone about getting married civilly first. I want to have everything done in one day so that when we are being introduced for the first time as Mr&Mrs or have our first dance as a married couple, it'll actually be our first time. It's silly and perhaps because I'm a woman, but it just wouldn't feel as special to me if we have the civil ceremony and reception two different dates. Otherwise, we'd have the ceremony once he arrives and wait until he is working and able to help me save for the wedding so I can have the wedding I imagine, but alas, my brain seem not to be practical anymore and my heart wants it all done at the same time and the heart wants what the heart wants.