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JillWill

What happens if your K-1 expires before you get married?

By JillWill in K-1 Fiance(e) Visa Case Filing and Progress Reports

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JillWill Contributor

JillWill   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
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My fiancé's K-1 Visa expires two days before our wedding date. We'll send adjustment of status forms right after we get married, but I don't know how this will affect us. Did we make a huge mistake by setting our wedding date too late? Will he be out of status? What does that mean? Help please!

October 22, 2013: Mailed I-129F Packet

November 1, 2013: NOA1 email and text

November 4, 2013: Alien registration number changed

November 20, 2013: NOA2

December 19, 2013: Case forwarded to London Embassy

January 2, 2014: Packet 3 Received

February 7, 2014: Medical

March 13, 2014: Interview

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

K-1 Visa is one-time entry only. So it is not an issue that K-1 visa expired.

His legal status is based on the date on I-94.

As long as you guys married within the 90 days from the date of POE, he will be fine.

what will his immigration status be from the date his files the AOS paperwork until the interview where he receives (conditional)green card?

A..He is official under a "period of stay authorized by the Attorney General". (FAQ Note: This is due to being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application)

Done with K1, AOS and ROC

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Zedayn Experienced

Zedayn   485

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

The K-1 is expired the moment you arrive in the US. Don't worry about the expiration date on the K-1 visa itself, because once you're in the US it doesn't matter. Now, the I-94 is the controlling document, and you need to marry before the expiration in the I-94 (90 days from the date of your POE).

If you marry after the expiration in your I-94, you will not be able to adjust status from your K-1 visa. You would need to file for a spousal visa and start all over the process.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

If you marry after the expiration in your I-94, you will not be able to adjust status from your K-1 visa. You would need to file for a spousal visa and start all over the process.

If they marry after 90 days, they have to concurrently file I-130 and I-485 in US.

Done with K1, AOS and ROC

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JillWill Contributor

JillWill   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Great, that's very reassuring! Thanks very much!

October 22, 2013: Mailed I-129F Packet

November 1, 2013: NOA1 email and text

November 4, 2013: Alien registration number changed

November 20, 2013: NOA2

December 19, 2013: Case forwarded to London Embassy

January 2, 2014: Packet 3 Received

February 7, 2014: Medical

March 13, 2014: Interview

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CowBoE Proficient

CowBoE   429

Posted
Filed: AOS (pnd) Country: China
 Timeline
Posted

Great, that's very reassuring! Thanks very much!

When push comes to a shove and you absolutely need to get "married" timely...

One possibility to keep in mind is that, you can just go to the local county

and file for marriage license, and be officially married in front of peace of justice

probably all within one week.

So this will take care of marrying within 90 days, and then you can actually

have the wedding ceremony at any time that's convenient.

Most think, the formal wedding ceremony is the only way to formally declare marriage

but it's not. Once you are declared married by the court, you are officially married.

The ceremony is for religious reasons and/or celebrating with family/relatives/friends.

Best wishes

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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