Marriage after k-1 visa petition expiration

[~Alessa~ 26]

Hello everyone! Excuse me for a silly question. I was reading some people was denied to enter US after I-129 petition expired, which is weird. I know that we have 90 days to marry after my arrival, is this alright to marry after I-129 petition expiration? In my passport CBP officer pointed out that visa is for 3 mons even though it was valid 6 mons before arrival.

And after marriage and sending documents to USCIS for AOS, will they send me something back to prove my legal status in US? because visa probably will be expired already.

Edited May 12, 2016 by ~Alessa~

[Unlockable 7,315]

What do you mean denied entry due to petition expiration? You can't enter the US on a I-129 petition. The petition is the first part of the process. You file a petition first, then if it is accepted, you go through the process until you are issued a visa. Then you use the VISA to enter the US.

The K1 visa is only valid for 90 days from the day you enter the US. You will have an I-94 on file to indicate you entered legally and the date of entry. You can print this out.

After marriage you send AOS and you will receive a GC about 6 - 9 months after (sometimes longer). In the mean time you can apply for an EAD/AP card with your AOS. This card that allows you to work and travel until you get the GC. The EAD/AP takes about 3 - 4 months.

Many K1 immigrants carry their passport with visa in it, I-94, and marriage certificate to show they married within 90 days and are legit until they get the EAD/AP or green card.

Edited May 12, 2016 by NuestraUnion

[A'n'L 735]

The petition expiration, the visa expiration and the I94 validity are three completely separate issues, and are relevant for different processes

1) The petition needs to be valid at your visa interview (original validity is 4 months from NOA2, but it may be revalidated by the consulate for up to a year)

2) The visa needs to be unexpired at the time of US entry. It's expiration date is set 6 months after the medical (with a few exceptions). At US entry, the visa is invalidated because it is a one-time entry visa

3) At US entry (when your visa is invalidated and the expiration date becomes irrelevant), you are granted an I94 that gives you legal presence in the US for 90 days. During these 90 days, you have to marry.

...

To my knowledge, there has been one case on VJ where a K1 visa holder was turned back by CB a the pre-clearance in Toronto for having an expired petition (visa was still valid). This was a dreadful mistake by CBP, and the visa holder later got her visa package re-sealed and entered the country successfully.