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GOOOOOB

How long can you stay in the US on a K1 visa.

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

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GOOOOOB Contributor

GOOOOOB   4

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Filed: K-1 Visa Country: United Kingdom
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Hello!

 

This is a way off for me at the moment, as our RFE has only just been received by USCIS, but I'm wondering about the steps after getting the visa. 

 

I know that the K1 visa is a nonimmigrant visa, so I will have to apply for an adjustment of status and complete the application for employment forms, but I believe that both of these forms can take over 90 days to process. I also know that the K1 visa is only valid from 90 days of arrival in the US. 

 

So lets say I get the visa and I fly to the US then me and my fiancee get married a day or two after I arrive. Would I have only 88 days to remain in the US? Or would I be able to stay until I get my green card? I'm trying to find information online but all I can find is that I have 90 days to marry after my arrival. Nothing about how long I'd be able to stay while waiting for my green card. 

 

Thanks!

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Ben&Zian
Ben&Zian

It's simple really. Get the K-1 visa from the embassy after the interview approval. Fly to the US, upon entry at immigrations the K-1 visa is voided and you are legally present in the US for 90 days o

Loren Y
Loren Y

Figured I better throw this into the mix. Make sure you get your social security card within your first week here. Go apply for it the day you land if you have time. But the sooner the better. Get it

Becci391
Becci391

That's what the K1 visa is for. You have an authorized stay after you applied for AOS until a decision is made.

payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
 Timeline
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2 minutes ago, Adam.T said:

Hello!

 

This is a way off for me at the moment, as our RFE has only just been received by USCIS, but I'm wondering about the steps after getting the visa. 

 

I know that the K1 visa is a nonimmigrant visa, so I will have to apply for an adjustment of status and complete the application for employment forms, but I believe that both of these forms can take over 90 days to process. I also know that the K1 visa is only valid from 90 days of arrival in the US. 

 

So lets say I get the visa and I fly to the US then me and my fiancee get married a day or two after I arrive. Would I have only 88 days to remain in the US? Or would I be able to stay until I get my green card? I'm trying to find information online but all I can find is that I have 90 days to marry after my arrival. Nothing about how long I'd be able to stay while waiting for my green card. 

 

Thanks!

File for adjustment of status before the 90 days to stay.   Green cards are taking more than a year in most locations 

YMMV

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GOOOOOB Contributor

GOOOOOB   4

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Filed: K-1 Visa Country: United Kingdom
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2 minutes ago, payxibka said:

File for adjustment of status before the 90 days to stay.   Green cards are taking more than a year in most locations 

So file for the adjustment of status as soon as I get the K1 visa before I marry my fiancee? 

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RS77 Rookie

RS77   5

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Your expected to apply within 90 days for AOS, but there have been people that wait, 4, 6, 8 years to do this.  If your going through the Raleigh NC office it is one of the fastest in the country, we got our green card in 78 days.

 

You can't file for AOS until after you have a marriage certificate. (after your married).

Edited by RS77
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Becci391 Proficient

Becci391   339

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Filed: Lift. Cond. (apr) Country: Germany
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The visa becomes invalid as soon as you get checked by an officer at the airport.

You do not leave the US. You stay here and wait for your work permit and Green Card.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Just now, Adam.T said:

So file for the adjustment of status as soon as I get the K1 visa before I marry my fiancee? 

Not eligible to file until after the marriage 

YMMV

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Becci391 Proficient

Becci391   339

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Filed: Lift. Cond. (apr) Country: Germany
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1 minute ago, Adam.T said:

So file for the adjustment of status as soon as I get the K1 visa before I marry my fiancee? 

No. After you have your marriage certificate.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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1 minute ago, RS77 said:

Your expected to apply within 90 days for AOS, but there have been people that wait, 4, 6, 8 years to do this.  If your going through the Raleigh NC office it is one of the fastest in the country, we got our green card in 78 days.

Lucky 

YMMV

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GOOOOOB Contributor

GOOOOOB   4

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Filed: K-1 Visa Country: United Kingdom
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Just now, Becci391 said:

The visa becomes invalid as soon as you get checked by an officer at the airport.

You do not leave the US. You stay here and wait for your work permit and Green Card.

So even though the visa is invalid I'll be able to stay in the US while waiting for my green card? 

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Celie Rising Star

Celie   793

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5 minutes ago, Adam.T said:

Hello!

 

This is a way off for me at the moment, as our RFE has only just been received by USCIS, but I'm wondering about the steps after getting the visa. 

 

I know that the K1 visa is a nonimmigrant visa, so I will have to apply for an adjustment of status and complete the application for employment forms, but I believe that both of these forms can take over 90 days to process. I also know that the K1 visa is only valid from 90 days of arrival in the US. 

 

So lets say I get the visa and I fly to the US then me and my fiancee get married a day or two after I arrive. Would I have only 88 days to remain in the US? Or would I be able to stay until I get my green card? I'm trying to find information online but all I can find is that I have 90 days to marry after my arrival. Nothing about how long I'd be able to stay while waiting for my green card. 

 

Thanks!

So what happens is before you come, your visa is given up to 6 months expiration date for you to fly here.

 

Once here, that is void and now the expiration date you have to concern  yourself with is the one on your I-94 entry document.

 

You HAVE to marry within the 90 days. That's an absolute must.

 

After you marry, you will remain in legal status until your I-94 expires. I suggest you file AOS as soon as possible. You can file later but you will be out of status and have no document showing you have authorized stay (your AOS NOA1 will act as this document once you file).

 

I hope that made sense.

K1 Fiance Visa: 207 days & AOS w/EAD and AP: 180 days

Spoiler

K1 Fiance Visa: 207 days                                                                                                                               AOS from K1 w/EAD and AP: 180 days

09/12/18: NOA1 old site (9/17 new site)                                                                                                     05/22/19: AOS package mailed to Chicago, IL

01/28/19: NOA2 new site (old site never changed)                                                                                   05/24/19: USCIS Received date for AOS/EAD/AP

02/19/19: NVC Received                                                                                                                                05/29/19: Notice date for AOS/EAD/AP

02/20/19: Case Number Assigned                                                                                                               06/19/19: Biometrics Appointment

04/05/19: Interview - APPROVED!                                                                                                                06/14/19: Biometrics Completed - walk in

04/08/19: CEAC-NIV Application Received                                                                                                 08/06/19: Ready to be Scheduled for Interview Status

04/09/19: CEAC-NIV Administrative Processing                                                                                       10/11/19: Interview Scheduled status

04/10/19: CEAC- Issued                                                                                                                                 11/05/19: EAD/AP approved

04/12/19: Visa in hand                                                                                                                                   11/16/19: EAD/AP card Received

04/30-5/1/19: POE via IAH - Houston, TX                                                                                                   11/18/19: AOS Interview - APPROVED! same day status change to Approved, then New Card being Produced

05/10/19: I Do's!                                                                                                                                               11/25/19: Green Card in Hand

                                                                                                                                    

ROC:                                                                                                                                                                  

08/20/21: Filed ROC

08/23/21: USCIS received package

08/25/21: Text received/Case # assigned

08/26/22: Case transferred to NBC for "speedy processing"

 

Citizenship:

08/22/22: Filed N-400 online

08/22/22: NOA1/Biometrics Reused                                                                                                           

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Just now, Adam.T said:

So even though the visa is invalid I'll be able to stay in the US while waiting for my green card? 

Yes because upon entry you are granted 90 days of stay which is governed by the I94

YMMV

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GOOOOOB Contributor

GOOOOOB   4

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Filed: K-1 Visa Country: United Kingdom
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Just now, Becci391 said:

No. After you have your marriage certificate.

Thats what I thought but the validity of the visa has confused me a little... If the K1 visa is only valid for 90 days and it takes over a year for the green card to be issued I thought that after 90 days I would have to leave the US, as my visa expires, and wait back in the UK for my green card.

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Becci391 Proficient

Becci391   339

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
1 minute ago, Adam.T said:

So even though the visa is invalid I'll be able to stay in the US while waiting for my green card? 

That's what the K1 visa is for.

You have an authorized stay after you applied for AOS until a decision is made.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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Becci391 Proficient

Becci391   339

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
Just now, Adam.T said:

Thats what I thought but the validity of the visa has confused me a little... If the K1 visa is only valid for 90 days and it takes over a year for the green card to be issued I thought that after 90 days I would have to leave the US, as my visa expires, and wait back in the UK for my green card.

Hell no.😂

If you do that you wasted all the money for the K1 visa.

You're talking about the CR1-visa 

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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debbiedoo Experienced

debbiedoo   2,339

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Filed: AOS (apr) Country: Canada
 Timeline
Posted

you have to get married within 90 days of entrance. 

 

once you file for AOS, it puts the person in temporary protected status, so they remain IN status. 

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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