A few questions about entering the US with my K-1 visa!

[Klee 6]

Hi everyone,

My K-1 Visa just got approved and I've already picked it up from the post office. I have a few questions about entering the US and whether my current plan will be fine. I just want to ensure there will be no problems. My K-1 has an expiration date on it of May 24th, 2017. I plan to enter the US in early May or late April and then we plan to get married in June, at which point I will send in all my paperwork for AOS. Is there any issue with this plan or me waiting about a month before my visa expires to enter the US? Does it matter that the K1 will expire before we get married? My understanding is that the K-1 allows me one time entry into the US, so I should be good so long as I enter before the expiry and get married within 90 days of entering. Is the proof of being married in 90 days, the filing for the AOS? I was also wondering about the NOA2. My visa says "PET FILED 09MAY2016 / REVALID TO: 01MAR2017". Obviously my NOA2 will be expired by the time I plan to enter. Will this be an issue for me when entering the US? I plan to enter by land through the Windsor/Detroit Tunnel if that matters at all.

Thank you so much!

[Umka36 781]

As long as you enter before the K1 visa expiration date you will be fine. You need to get married based fore the I-94 expiration date (you can get this electronically), which is where the 90 days comes from and has nothing to do with the K1 visa/NOA2 expiration date.

https://i94.cbp.dhs.gov/I94/#/home

[LionessDeon 2,060]

Forget the petition expiration date. You must enter the USA by the K1 visa expiration date that is on the visa in your passport. It is the expiration date that is listed next to the Issue Date on your K1 visa. It's usually 6 months from the date of your medical exam. That is the date you must enter by. Once you have POE the officer will write your exit date. (90days) You must be married by this date or return to your home country.

[Klee 6]

As long as you enter before the K1 visa expiration date you will be fine. You need to get married based fore the I-94 expiration date (you can get this electronically), which is where the 90 days comes from and has nothing to do with the K1 visa/NOA2 expiration date.

https://i94.cbp.dhs.gov/I94/#/home

Thank you, so I'm a bit confused. Do I fill out one of these forms before crossing? Or do they give me one when I am crossing? I get that we have 90 days to marry from the date on the I-94, but how does the USCIS know that you've married within that time period? We should probably file for AOS before that 90 days as proof that we married, right?

[LionessDeon 2,060]

Thank you, so I'm a bit confused. Do I fill out one of these forms before crossing? Or do they give me one when I am crossing? I get that we have 90 days to marry from the date on the I-94, but how does the USCIS know that you've married within that time period? We should probably file for AOS before that 90 days as proof that we married, right?

They know once you file for AOS and see the marriage date on your marriage certificate. No, you do not have to file for AOS prior to the I-94 expiration date. You are welcome to but if not any overstay will be forgiven as long as you married within the 90 days.

[Nathan&Emily 10]

Bear in mind as well that when filing AOS your medical exam is valid for one year. If you leave it too long to file AOS you will have to pay for a full medical exam again for the AOS. I can't remember if its filing within one year or interview within one year though? Anyone else help on that?

[Klee 6]

Bear in mind as well that when filing AOS your medical exam is valid for one year. If you leave it too long to file AOS you will have to pay for a full medical exam again for the AOS. I can't remember if its filing within one year or interview within one year though? Anyone else help on that?

Right! We plan to marry in June and I'll submit the paperwork probably immediately after so I'm not worried about that. As far as I understand, it's that you have to file within one year to avoid doing the medical again, so I think I'm fine in that regard. Someone correct me if I'm wrong though

[f f 725]

I believe the medical is valid for one year from the date it was done.

[Fr8dog 312]

The medical is valid for one year.

If you read the instructions it states you do not have to retake it if you file within that year.

Having said that, there are cases where people have been told to get a new medical at the interview, having filed within the year but having the interview after that year. And cases where people have received RFE's after having filed within the year, but been waiting for more than that year.

On the original question, though the petition date should not matter during entry. There is a case here of a Canadian being turned away at the POE with a valid visa but an expired petition.

Edited December 9, 2016 by Fr8dog

[Klee 6]

The medical is valid for one year.

If you read the instructions it states you do not have to retake it if you file within that year.

Having said that, there are cases where people have been told to get a new medical at the interview, having filed within the year but having the interview after that year. And cases where people have received RFE's after having filed within the year, but been waiting for more than that year.

On the original question, though the petition date should not matter during entry. There is a case here of a Canadian being turned away at the POE with a valid visa but an expired petition.

Thanks, I just wanted to be sure that there were no serious negatives to waiting a while before entering!