K1 Medical Exam Expiration

[TmcMaximus 9]

I may have made a major oversight. My fiancee and I were fortunate to finally get her here in July. She had to take the TB sputum test and as such is a Class B meaning the medical expires on the 7th of this month. I don't know why we didn't realize that the visa itself expires on the 7th because of the medical status... We just assumed we had the 90-days and schedule our wedding accordingly.

 

Thankfully we do have wedding license and someone who can officiate at a moment's notice, but we really need some advice on how best to proceed here.

 

As I re-read the USCIS site I realize the language is fairly clear and I can't believe I overlooked this. Very worried about this now...

 

Edit: Am I misreading it? Is the validity of the visa related to the window of time she can travel here, or is she expected to depart the US before the expiration date?

Edited September 3, 2021 by TmcMaximus

[HRQX 4,145]

16 minutes ago, TmcMaximus said:

We just assumed we had the 90-days and schedule our wedding accordingly.

That is correct. You have until October 3, 2021 to marry; see INA 101(a)(15)(K)(i): "is the fiancée or fiancé of a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission"

 

If your fiance hasn't yet gone to the local SSA office then I recommend to make an appointment ASAP:

[Ontarkie 14,537]

~~Moved to AOS FAmily K1/K3 P&P - from K1 P&P- as the OP's wife is on the the AOS Stage.~~

[Allaboutwaiting 2,503]

The K1 visa is valid for 6 months in order to give the holders a chance to organize everything before moving -not everyone can travel as soon as they receive the visa-.

As it is a single entry visa, it became void as soon as your fiancee entered the US. The 90 days are counted from the date of entry. That's the time you have to get married.

 

She cannot leave the country until she gets the advance parole card or the green card -whatever happens first-. If she does, you would have to go through everything again. 

 

 

[TmcMaximus 9]

6 minutes ago, Allaboutwaiting said:

The K1 visa is valid for 6 months in order to give the holders a chance to organize everything before moving -not everyone can travel as soon as they receive the visa-.

As it is a single entry visa, it became void as soon as your fiancee entered the US. The 90 days are counted from the date of entry. That's the time you have to get married.

 

She cannot leave the country until she gets the advance parole card or the green card -whatever happens first-. If she does, you would have to go through everything again. 

 

 

Thanks, it seems clear now. I was misinterpreting the USCIS website and second guessing myself...had a moment of panic! But yes I see now her I-94 shows us good to October. Whew

[Letspaintcookies 2,310]

19 hours ago, Allaboutwaiting said:

The K1 visa is valid for 6 months in order to give the holders a chance to organize everything before moving -not everyone can travel as soon as they receive the visa-.

As it is a single entry visa, it became void as soon as your fiancee entered the US. The 90 days are counted from the date of entry. That's the time you have to get married.

 

She cannot leave the country until she gets the advance parole card or the green card -whatever happens first-. If she does, you would have to go through everything again. 

 

 

Just adding for future readers that it's not always six months. It's tied to the medical expiration date and that timeframe can be much shorter.