What if spouse visa application takes longer than 90 days?

[Phoenix2608 0]

Hi,

After getting married on a K1 visa and applying for your spouse visa what happens if the visa process takes longer than 90 days? I know you cant leave the US while waiting for the spouse visa but what if it takes longer than the 90 days allowed on the K1 visa? Does the K1 visa give you dispensation to stay until spouse visa is approved/denied or do you have to leave and not come back until 6 months if the 90 day period expires?

[KULtoATL 1,551]

You don't apply for a spouse visa after getting married with a K-1. You file for AOS + EAD + AP. While you're AOS-ing, you can stay in the US. You should be maintaining your presence in the US. AP allows you to exit and re-enter the US for short overseas travels.

[geowrian 22,338]

There's no spouse visa necessary. Visas are for entering the US. You're already ion the US on a K-1, so you would go through AOS.

 

When you file for AOS, you gain authorized stay while your case is pending. The NOA1 from the I-485 acts as proof of this authorized stay. Authorized stay is not a legal status (so it doesn't qualify for an SSN, driver's license in many states, etc.), but does protect you from deportation just for being in the country.

[me55592a 8]

If you are talking about your spouse came over on a k1 fiancee visa and you married before 90 days you file for aos not another visa. Once you file the aos your spouse will receive a noa form i-797c She is in status but can not leave the united states until she gets her gc or advance parole if you filed i-131 at the same time.

 If she leaves prior to getting her green card or advance parole you would have to start a new process in order to get her back in to the us. 

[Coco8 1,042]

For most people AOS has been taking for more than 90 days, closer to 120 days. Nothing happens. You just wait longer in the US.

[geowrian 22,338]

Just to add...

 

AOS will take over 90 days. It varies heavily from office to office, but expect 8-12+ months (as soon as 4 months is possible but unlikely). You may or may not get an interview coming from a K-1 visa - probably not, but it is possible. Generally, those with an interview are approved sooner, so there's some merit in wanting an interview. The EAD + AP are taking 3-4 months currently.

Edited July 31, 2017 by geowrian

[Cyberfx1024 7,980]

6 hours ago, msmand75 said:

Hi,

After getting married on a K1 visa and applying for your spouse visa what happens if the visa process takes longer than 90 days? I know you cant leave the US while waiting for the spouse visa but what if it takes longer than the 90 days allowed on the K1 visa? Does the K1 visa give you dispensation to stay until spouse visa is approved/denied or do you have to leave and not come back until 6 months if the 90 day period expires?

The K1 visa is invalid as soon as you enter under that visa, which you have a 90 day time period to either get married or go back home. If you two get married you will then file for what is called Adjustment of Status(AOS) which you can do anytime after y'all get married. You can go out of status after the 90 mark in order to get everything together to file for AOS, that is ok and it will be forgiven once you file. Once you file for AOS and receive the NOA1 you are ok to stay in the USA until your case is completed and you get a green card which is taken on average now 9-12 months until completion.

Edited July 31, 2017 by cyberfx1024