Is it possible to extend a K1 Visa?

[payxibka 10,045]

Not entirely true, although the exception does not apply in this situation.

Yodrak

Once the foreign fiance has entered the US using the K1 visa, it is null and void. .....

The visa expired the day you used it to enter the country. .....

..... Once the visa has been executed it, meaning the beneficiary arrives in the U.S., the visa is done! .....

Ok, I've racked my brain (which is a short trip to be sure).

What's the exception?

It is possible (but maybe rare) to have the K-1 re-validated for a second entry, but this second entry must occur within the original 90 days granted with the first entry.

[Yodrak 7]

TracyTN,

If the K1 leaves the USA prior to marriage and prior to the end of the 90-day period of stay the consulate can renew the visa. The renewed visa will expire when the original 90-day period of stay would have expired, and the person must still get married within that original 90-day period.

Yodrak

Not entirely true, although the exception does not apply in this situation.

Yodrak

Once the foreign fiance has entered the US using the K1 visa, it is null and void. .....

The visa expired the day you used it to enter the country. .....

..... Once the visa has been executed it, meaning the beneficiary arrives in the U.S., the visa is done! .....

Ok, I've racked my brain (which is a short trip to be sure).

What's the exception?

[TracyTN 237]

TracyTN,

If the K1 leaves the USA prior to marriage and prior to the end of the 90-day period of stay the consulate can renew the visa. The renewed visa will expire when the original 90-day period of stay would have expired, and the person must still get married within that original 90-day period.

Yodrak

Gotcha. I wasn't even thinking in that context at all.

[Jasman0717 9]

Some embassies will re-issue the visa if the beneficiary can not use it within the six-month period. I would suggest you check with the embassy processing your petition. Once the visa has been executed it, meaning the beneficiary arrives in the U.S., the visa is done! Good luck

Beneficiary is already here in the country, so the "extention" of the visa is moot!

Done deal then. You either need to marry before the I-94 expires of have the beneficiary return to their home country.

[Yodrak 7]

jasman,

Or marry after the I-94 expires and include an I-130 petition with I-485.

Yodrak

Some embassies will re-issue the visa if the beneficiary can not use it within the six-month period. I would suggest you check with the embassy processing your petition. Once the visa has been executed it, meaning the beneficiary arrives in the U.S., the visa is done! Good luck

Beneficiary is already here in the country, so the "extention" of the visa is moot!

Done deal then. You either need to marry before the I-94 expires of have the beneficiary return to their home country.

[TracyTN 237]

jasman,

Or marry after the I-94 expires and include an I-130 petition with I-485.

Yodrak

Some embassies will re-issue the visa if the beneficiary can not use it within the six-month period. I would suggest you check with the embassy processing your petition. Once the visa has been executed it, meaning the beneficiary arrives in the U.S., the visa is done! Good luck

Beneficiary is already here in the country, so the "extention" of the visa is moot!

Done deal then. You either need to marry before the I-94 expires of have the beneficiary return to their home country.

This has always made me wonder what the point is of the 90 day K1 'stipulation'.

[Yodrak 7]

TracyTN,

This may not be a satisfactory answer, but recognize that a K1 who marries after the 90-day period and applies to adjust status is not applying for adjustment as a K1. They are applying on the same basis as any other non-K1 non-immigrant who is present in the USA (having entered with inspection), marries, and wants to adjust.

Yodrak

jasman,

Or marry after the I-94 expires and include an I-130 petition with I-485.

Yodrak

Some embassies will re-issue the visa if the beneficiary can not use it within the six-month period. I would suggest you check with the embassy processing your petition. Once the visa has been executed it, meaning the beneficiary arrives in the U.S., the visa is done! Good luck

Beneficiary is already here in the country, so the "extention" of the visa is moot!

Done deal then. You either need to marry before the I-94 expires of have the beneficiary return to their home country.

This has always made me wonder what the point is of the 90 day K1 'stipulation'.

[TracyTN 237]

TracyTN,

This may not be a satisfactory answer, but recognize that a K1 who marries after the 90-day period and applies to adjust status is not applying for adjustment as a K1. They are applying on the same basis as any other non-K1 non-immigrant who is present in the USA (having entered with inspection), marries, and wants to adjust.

Yodrak

Yep, I completely understand that. I've honestly never found a satisfactory answer to the question.

I think that the 90 day K1 stipulation is, frankly, silly and superfluous, since it can be 'overcome' by filing a I 130 and the

I 485 concurrently. The only 'downside' to that is what you pointed out - and I have yet to see a case where that fact has become an issue at the AOS interview.

Sorry to hijack the thread. I'm sure I can gripe about this somewhere else.

[chris4gretchen 1]

i just don't get why people can't marry within the 90 days.

Chris

[TracyTN 237]

i just don't get why people can't marry within the 90 days.

Chris

That too!

[Lona.C. 16]

people from Canada who has to go to MTL for interview , ( like liz and my self and so many others ) wish we would be with our fiances and have the oportunity to get married within 90 days as we talk ,

but we have to waite close to a year if not even longer from the time we send I 129f , so why not get married while you have a chance , unless you have cold feet and want to back out , but even then there is a reason why USCIS like to see couples file after they knowen eachother for 2 years ,

like the previouse posts said a civil marriage will do ,

( hell I would marry my baby at the Walmart if i ran into a priest tomorrow if the consulate would give me a visa tomorrow, but thats just me ) Lona

[jundp 191]

i just don't get why people can't marry within the 90 days.

Chris

That too!

I agree. Once the visa is approved and you can plan for US entry, then you can begin planning a wedding if you want the big to-do. If that doesn't matter, or finances dictate that you must wait to do the big thing, then what is the deterrent in going to the courthouse and getting married? In some states there's no waiting period after getting a license, or it's only 2 or 3 days.

[featherB 1]

people from Canada who has to go to MTL for interview , ( like liz and my self and so many others ) wish we would be with our fiances and have the oportunity to get married within 90 days as we talk ,

but we have to waite close to a year if not even longer from the time we send I 129f , so why not get married while you have a chance , unless you have cold feet and want to back out , but even then there is a reason why USCIS like to see couples file after they knowen eachother for 2 years ,

like the previouse posts said a civil marriage will do ,

( hell I would marry my baby at the Walmart if i ran into a priest tomorrow if the consulate would give me a visa tomorrow, but thats just me ) Lona

Where do USCIS say they want couples to have known each other for two years?

(They don't.)

[Caladan 19]

TracyTN,

This may not be a satisfactory answer, but recognize that a K1 who marries after the 90-day period and applies to adjust status is not applying for adjustment as a K1. They are applying on the same basis as any other non-K1 non-immigrant who is present in the USA (having entered with inspection), marries, and wants to adjust.

Yodrak

Yep, I completely understand that. I've honestly never found a satisfactory answer to the question.

I think that the 90 day K1 stipulation is, frankly, silly and superfluous, since it can be 'overcome' by filing a I 130 and the

I 485 concurrently. The only 'downside' to that is what you pointed out - and I have yet to see a case where that fact has become an issue at the AOS interview.

Sorry to hijack the thread. I'm sure I can gripe about this somewhere else.

I don't think the point of the 90-day limit is thought of as something that can't be overcome, but to discourage people from using the fiance visa as a getting-to-know-you visa. If there were no limit, then I imagine the risk of fraud and abuse of the foreign fiance would be higher.

[TracyTN 237]

TracyTN,

This may not be a satisfactory answer, but recognize that a K1 who marries after the 90-day period and applies to adjust status is not applying for adjustment as a K1. They are applying on the same basis as any other non-K1 non-immigrant who is present in the USA (having entered with inspection), marries, and wants to adjust.

Yodrak

Yep, I completely understand that. I've honestly never found a satisfactory answer to the question.

I think that the 90 day K1 stipulation is, frankly, silly and superfluous, since it can be 'overcome' by filing a I 130 and the

I 485 concurrently. The only 'downside' to that is what you pointed out - and I have yet to see a case where that fact has become an issue at the AOS interview.

Sorry to hijack the thread. I'm sure I can gripe about this somewhere else.

I don't think the point of the 90-day limit is thought of as something that can't be overcome, but to discourage people from using the fiance visa as a getting-to-know-you visa. If there were no limit, then I imagine the risk of fraud and abuse of the foreign fiance would be higher.

I can appreciate that - and I completely agree that it should NOT be a 'get to know you' visa. But I think it'd be better if the stipulation had some 'teeth', other than a tsk tsk tsk from an AOS interviewing officer.

What the 'teeth' would be, I'm sure I don't know. But give me some time and I'd think of something.