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mch1234

K1 Visa Expiry and Getting the Conditional Green Card

By mch1234 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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mch1234 Apprentice

mch1234   5

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Country: Canada
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Hello,

I am Canadian and our petition was recently approved by USCIS. We are now waiting to hear from the Consulate about my upcoming interview. I have a question relating to Adjustment of Status (AOS). From what I understand, the K1 Visa is valid for 6 months from the date that it is issued. After marriage, you can apply immediately for AOS in order to receive a Green Card with restrictions. When you apply for this Green Card, you can also file Form I-765 (Application for Employment Authorization) at the same time. How long does it take to be issued a conditional Green Card? I read that it can take a year. Is the year-long wait for the Green Card without restrictions? If the year-long wait was for the conditional Green Card, then wouldn't there be a gap between the K1 Visa expiring and receiving the conditional Green Card? 

Thank you! 

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Ontarkie Grand Master

Ontarkie   14,226

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Filed: Citizen (apr) Country: Canada
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~~Moved to AOS family K1/K3, from K1 P&P - The Op's question is about the AOS process.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Crazy Cat Grand Master

Crazy Cat   41,886

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Filed: Citizen (apr) Country: Taiwan
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15 minutes ago, mch1234 said:

From what I understand, the K1 Visa is valid for 6 months from the date that it is issued

The K-1 visa is valid for 6 months from the date of the medical exam.

 

16 minutes ago, mch1234 said:

When you apply for this Green Card, you can also file Form I-765 (Application for Employment Authorization) at the same time.

Correct.  You should apply for EAD and Advance Parole.

 

17 minutes ago, mch1234 said:

How long does it take to be issued a conditional Green Card?

About a year after applying for Adjustment of Status.

 

17 minutes ago, mch1234 said:

If the year-long wait was for the conditional Green Card, then wouldn't there be a gap between the K1 Visa expiring and receiving the conditional Green Card? 

Your K-1 visa becomes invalid once you enter the US.  It is a single entry visa.  You should apply for Adjustment of Status BEFORE the expiration of your I-94 (90 days from entry).  Once you apply for Adjustment of Status, you will be in "authorized stay" status in the US. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
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Posted

Yes. Right now it's 12 to 14 months wait and you receive a 2 year conditional green card. 

 

After 2 years you will be applying for a 10 year visa. And that will be another long, expensive process. 

 

When you file AOS,  current waiting time for work permit is about 3 to 6 months. 

 

Once you enter US on k1 visa, it becomes invalid so don't worry about it expiring. What's important is that you have 90 days to marry and it's recommended to file AOS before your i94 expire. 

 

Also k1 visa is valid 6 months from your medical exam. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Crazy Cat Grand Master

Crazy Cat   41,886

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Filed: Citizen (apr) Country: Taiwan
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Additional note:  Once you enter the US via a K-1 visa and file for Adjustment of Status, exiting the US PRIOR TO RECEIVING APPROVED ADVANCE PAROLE will result in abandonment of your AOS and denial of entry to the US. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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