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

[debbiedoo 2,339]

2 minutes ago, 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.

you can not adjust status when you are not in the country. 

 

thats not how this works. 

 

marry, file aos. wait. filing aos makes everything good, right, and legal. 

[GOOOOOB 4]

2 minutes ago, celie&joseph said:

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.

Thank you for your reply. And that does make sense! I was wondering why people would only be given 90 days to get something that took a year to get. So the important thing is the i94... I have a look to see when that expires. 

Do you know how long it normally takes for the application for employment form to be completed? A year is a long time to wait without being able to make money...

[debbiedoo 2,339]

Just now, Adam.T said:

Thank you for your reply. And that does make sense! I was wondering why people would only be given 90 days to get something that took a year to get. So the important thing is the i94... I have a look to see when that expires. 

Do you know how long it normally takes for the application for employment form to be completed? A year is a long time to wait without being able to make money...

anywhere from 6-9 months but can be longer. or shorter. the usc should be able to afford to support their new spouse. that is what the i864 is for, to prove that. 

[Ben&Zian 4,398]

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 on an I-94. You must marry within those 90 days to fulfill the K-1 requirements. Then once married and have all documentation for AOS, you file the I-1485, I-131, and I-765 together. Once you receive the NOA1 for those submissions, you regain a legal presence in the US and can remain during the adjustment phase.

[GOOOOOB 4]

1 minute ago, debbiedoo said:

you can not adjust status when you are not in the country. 

 

thats not how this works. 

 

marry, file aos. wait. filing aos makes everything good, right, and legal. 

Thank you for your reply! I thought that was the case but I got a little confused with the validity of the K1 visa! I think I understand everything much better again now! 

[arken 4,197]

4 minutes ago, Adam.T said:

Thank you for your reply. And that does make sense! I was wondering why people would only be given 90 days to get something that took a year to get. So the important thing is the i94... I have a look to see when that expires. 

Do you know how long it normally takes for the application for employment form to be completed? A year is a long time to wait without being able to make money...

I-94 expires in 90 days from your US entry date.

Edited June 12, 2019 by arken

[Celie 793]

4 minutes ago, Adam.T said:

Thank you for your reply. And that does make sense! I was wondering why people would only be given 90 days to get something that took a year to get. So the important thing is the i94... I have a look to see when that expires. 

Do you know how long it normally takes for the application for employment form to be completed? A year is a long time to wait without being able to make money...

It is taking pretty long. Around 6-9 months like @debbiedoo said. The good thing is some local offices are working pretty fast on some cases... even having interviews scheduled around 70-100 days. I wouldn't bank on that, of course, but it's pretty to think about. lol

 

My husband has been here for 1.5 months and he's already bored to death at home. lol make sure to plan ahead

Edited June 12, 2019 by celie&joseph

[Celie 793]

2 minutes ago, arken said:

I-94 expires in 90 days.

I think he means he has to see when his will expire.

[arken 4,197]

4 minutes ago, celie&joseph said:

I think he means he has to see when his will expire.

He knew about the 90 day validity but probably misinterpreted that i94 may expire even later allowing him the legal status till then. So just letting him know it will expire in 90 days.

[Cryssiekins 976]

1 hour ago, Adam.T said:

Thank you for your reply. And that does make sense! I was wondering why people would only be given 90 days to get something that took a year to get. So the important thing is the i94... I have a look to see when that expires. 

Do you know how long it normally takes for the application for employment form to be completed? A year is a long time to wait without being able to make money...

I think EAD’s are 4-6+ months to receive.  

 

I suggest using that time to read through the guides here so that you are better prepared for the next leg of the journey.  

[payxibka 10,045]

7 minutes ago, Cryssiekins said:

I think EAD’s are 4-6+ months to receive.  

 

We wish.  Current is 7 to 9

[Scott Br 164]

After arrival, marry and file for AOS in that order.  Has to be done within 90 days from arrival.  If you're filing for AOS through the Charlotte office, ours took just over 90 days to have Green Card in hand.  Received it back in April.  We received Green Card before EAD was approved.

[Pitaya 2,577]

2 hours 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!

Welcome to the forum.

 

Here are two things that you need to do in order to be able to understand the K1 visa process. 

The first thing is to read and

heed the K1 Visa Checklist: https://www.visajourney.com/content/k1flow/ .

 

The second thing is to: , currently it is vacant. It helps everyone that uses the forum. Additionally it helps give he VJ stats relevance. Plus other members can then easily see where you are in your visa journey, and formulate the most appropriate answers relative to your current visa position, right now it is a big guess.

 

Good luck on your immigration journey.

[JFH 12,190]

2 hours ago, Adam.T said:

Do you know how long it normally takes for the application for employment form to be completed? A year is a long time to wait without being able to make money...

Now is not the time to realise that you will not be able to work for many months. If working is a priority, you picked the wrong visa, I’m sorry to say. The spousal visa would let you work from day 1. 

[Loren Y 2,755]

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 in your current name and change it after you get married, but you want the SS card as soon as possible. Makes things easier for you with banks, insurance, state ID, etc.