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

[Scandi 4,166]

3 hours 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.

When you file for AOS and receive the acceptance letter you're under something called "authorized stay", meaning even when your i-94 expires you're still very much allowed to remain in the US until USCIS has made a decision.

[Scandi 4,166]

3 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...

That's why it's important to do all necessary research before filing, and look at processing time etc. Many people don't want to move here and no be able to work, so they choose the spousal visa instead. 

 

May I ask why you chose the K-1?

[HRQX 4,145]

6 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...

It's not too late to ditch the K-1 process and do the following instead:

1. The petitioner withdraws the I-129F petition as a courtesy. (This can be done later instead, if you wish.)
2. You enter the US with ESTA.
3. You marry.
4. The US citizen files the I-130 petition.
5. You leave the US before the 90 days allowed on ESTA are up.
6. You do consular processing in London for the CR-1 visa.
7. With a CR-1 entry you can start working on Day 1.

It is 100% legal:

On 9/4/2018 at 6:40 PM, JFH said:

Nothing wrong with getting married here whilst visiting. Plenty of people get married here who don't live here - Thomas Cook Weddings wouldn't be in existence if Brits couldn't come on the VWP to get married in Las Vegas and Disney World whilst on holiday. I got married here on a VWP visit. Arrived on a Tuesday, got the license on the Wednesday, married on the Saturday (our state has a three-day waiting period), returned to the U.K. the following Tuesday. The London embassy even states that this is perfectly acceptable. There is an "urban myth" floating among some users of this forum that if you want to get married in the USA you have to apply for a K-1 and that marrying as a visitor is somehow not permitted.

 

Edited June 13, 2019 by HRQX

[Canerican 242]

Here is your process once you have the visa in your passport and it is in hand:

 

1. Enter the USA, when this happens CBP (US border patrol) will issue you an I-94 good for 90 days(now online, so you will not get a paper one)

 

2. Get your SSN if you can before you marry, if not you will have to wait till you get your Employment Authorization

 

3. Get your marriage certificate

 

4. Get married within the 90 days on your I-94

 

5. After marrying and receiving your marriage certificate, apply for I-485, adjustment of status, I-765, Employment authorization, and I-131, advanced parole, as soon as possible. Advanced parole is in case you want to travel while green card is in process (as mentioned, when you get your NOA1 for your I-485 you are in an authorized period of stay till a decision is made on your green card)

 

Hope this helps. If you have questions feel free to message me. 

 

 

[Paul & Mallory 1,398]

It's why it's so important to do all your research before applying for anything - you know what you are signing up for down the road, for example, having to wait for a work permit or green card before working stateside, and you know what is expected of you down the road, such as when to apply for AOS and what your timeframe obligations are.

 

You have to get married within 90 days upon entering the US with your K1 visa. You don't leave, otherwise what was the point. If you leave without a work permit or green card, you can't come back. The K1 visa is null and void once you've entered the country. If you don't get married within the 90 days, that's when you shouldn't be here.

 

The rule of thumb is to get your AOS application submitted before your original visa expiration date, even before the original 90 day window closes. The sooner the better, honestly, because you're eating up your wait time, by delaying it. Be as prepared as possible to compose your AOS application before arriving so it's that much easier to complete once you've gotten married.

 

As for working - apply for your work and travel permit when submitting your AOS application. It costs nothing to file them all together. The permits often times process faster/sooner than green cards. In the meantime, utilize your free time between arriving and being able to start job hunting by acclimating yourself with your new home/city. Prepare for your driver's license, if that's a necessity for you, venture around town and learn where things are, find places you will need either right away or down the road such as applicable doctor's offices, hair salon, etc. This is no surprise for K1 applicants - you know this is part of the process when you apply. You aren't able to work right away. Yes, it does suck, but I imagine it was much worse when you and your partner were living in separate countries. Enjoy the extra time together while you can - when you do start working, you and your partner won't necessarily be working identical hours, so some of that time together may go away.

[GOOOOOB 4]

18 hours ago, JFH said:

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. 

Working is not the priority. I was just wondering how long it would be until I was able to work. my fiancee has the funds to be able to support us both but I want to be able to go over with a decent amount of savings so I'm not dependant on her while I'm waiting for my work permit.

[GOOOOOB 4]

17 hours ago, Scandi said:

That's why it's important to do all necessary research before filing, and look at processing time etc. Many people don't want to move here and no be able to work, so they choose the spousal visa instead. 

 

May I ask why you chose the K-1?

We chose the K1 as we wanted our time apart to less than a year. Also waiting for the K1 has given us the opportunity to get our finances sorted out. So however long it takes for until I'm able to work I'll have some money to keep myself afloat.  

Edited June 13, 2019 by Adam.T

[JFH 12,190]

4 minutes ago, Adam.T said:

We chose the K1 as we wanted our time apart to be less and it is cheaper than the spousal visa. Waiting for the K1 has given us the opportunity to get our finances sorted out. So however long it takes for until I'm able to work I'll have some money to keep myself afloat.  

Cheaper? Not once you’ve factored in the cost of AOS it isn’t. There is no AOS with a spouse visa. Overall the K-1 is the most expensive. Being able to work immediately more than negated the initial cost of my visa. If I had to spend 4 months with no income I’d have lost $24,000. 

[GOOOOOB 4]

1 minute ago, JFH said:

Cheaper? Not once you’ve factored in the cost of AOS it isn’t. There is no AOS with a spouse visa. Overall the K-1 is the most expensive. Being able to work immediately more than negated the initial cost of my visa. If I had to spend 4 months with no income I’d have lost $24,000. 

I did change that!I I've had a long day! And yes I know it isn't cheaper but we chose it as it seems to be the quickest option, for us being together. We thought about it before filling in the petition and we knew that there would be a period of time where I wouldn't be able to work. And we are working towards making that easy as possible!

[Highmystic 234]

22 hours ago, Adam.T said:

 

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!

In a nutshell,  once your K1 Visa is approved, you will have up to 6 months to make US port of Entry, (best to do it in a month),  then when you arrive, your K1 is only good for a one time entry and you MUST marry within 90 days (again, do it the first month).  Once married, you should file your Adjustment of Status (AOS), to apply for a temporary green card (AND file for your Advance Parole and EAD Employment Authorization Document). Then wait. You CAN NOT leave the United States until you get your Advance Parole card or you will not be let back in.  Your physical says good for one year, BUT under K1 Rules, once you file your i-485 AOS it is good until your petition is approved or denied.    There are great how to info above on this site! 

[GOOOOOB 4]

1 hour ago, Highmystic said:

In a nutshell,  once your K1 Visa is approved, you will have up to 6 months to make US port of Entry, (best to do it in a month),  then when you arrive, your K1 is only good for a one time entry and you MUST marry within 90 days (again, do it the first month).  Once married, you should file your Adjustment of Status (AOS), to apply for a temporary green card (AND file for your Advance Parole and EAD Employment Authorization Document). Then wait. You CAN NOT leave the United States until you get your Advance Parole card or you will not be let back in.  Your physical says good for one year, BUT under K1 Rules, once you file your i-485 AOS it is good until your petition is approved or denied.    There are great how to info above on this site! 

Thank you very much! This is what I thought when we sent the petition off in February but I wanted to make sure by asking the great people on this site. Thanks again for your answer it, as well as many others, have been helpful at putting my overthinking brain at ease!

[Amadia 711]

Fiance visa is a 1-time entry visa that gets cancelled upon your POE. From there, you have 90 days with which to get married and then adjust status.

[hopeful2019 4]

On 6/12/2019 at 2:21 PM, 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!

Once you apply for adjustment of status you are allow to stay in the usa but you suppose to apply before 90 days or leave usa  if you dpnt

[arken 4,197]

8 minutes ago, hopeful2019 said:

Once you apply for adjustment of status you are allow to stay in the usa but you suppose to apply before 90 days or leave usa  if you dpnt

If not filed for AOS within 90 days, one shouldn’t leave the US but plan to file for AOS ASAP.

[Ryan H 3,812]

Moved from K1 Progress Reports to Adjustment of Status from K Visas forum.