Sounds like a contradiction

[Pinetree 0]

New here... You couldn't guess that, right ???

If this has been answered somewhere else, please forgive me.

haven't had the time to look through all the forums yet...

In one informational reference I see that the Marriage must occur within 90 days of a K-1 issuance.

And in a personal posting in another forum I see a comment that if the parties of that K-1 Visa get married while the K-1 is in effect, then it is considered to be 'deserting' (not the word that was used) the K-1 and a spousal Visa needs to be sought, which everyone seemed to agree with as being correct.

This seems to be a contradiction, for the bureau to issue a Visa and then force the parties to violate in order to comply with the 90 day requirement. Is this a way to garner more fees ? Or am I misunderstanding this ?

Thanks,

BA

[together4evr 360]

You must apply for a visa that you are eligible for.

If you want a business, student, spouse, tourist, fiance visa then you apply for the ones you are eligible for.

If you apply for the fiance K1 visa but you decide to get married before the K1 visa is issued then you must withdraw your K1 petition and apply for a spouse visa CR1

If you are married you are no longer eligible for a fiancee visa so you must start a new process for the correct visa

If you are fiancees and you get the K1 visa and he/she comes to the USA and then you get married in the USA then you will have to adjust status in the USA for another 1100.00

good luck

[PandaMaker 24]

Hi, I'm new here also and this is my first post!

I believe you're misunderstanding the requirements.

The reason why one would need to withdraw a K-1 petition and apply CR-1 is if they get married while the K-1 petition is under review...BEFORE the issuance of a K-1 visa. If you get married before the K-1 is issued, you no long have a fiancé(e) to petition for, since that person is now your spouse, so you need to then petition your spouse instead.

As for the 90-day requirement, you're required to marry within 90 days AFTER the beneficiary arrives in the US with the K-1 visa, so no contradiction there!

[Villanelle 4,122]

New here... You couldn't guess that, right ???

If this has been answered somewhere else, please forgive me.

haven't had the time to look through all the forums yet...

In one informational reference I see that the Marriage must occur within 90 days of a K-1 issuance.

And in a personal posting in another forum I see a comment that if the parties of that K-1 Visa get married while the K-1 is in effect, then it is considered to be 'deserting' (not the word that was used) the K-1 and a spousal Visa needs to be sought, which everyone seemed to agree with as being correct.

This seems to be a contradiction, for the bureau to issue a Visa and then force the parties to violate in order to comply with the 90 day requirement. Is this a way to garner more fees ? Or am I misunderstanding this ?

Thanks,

BA

The part your missing is-

You said if the parties get married while the K1 is in effect then it is considered 'deserting' and the spousal visa needs to be sought. The in effect part is incorrect.

Whats true is-

If during the application process of the K1- meaning while youre applying for the K1- during the point where you you applied and its pending and not approved yet- if the couple marries, you are no longer fiances so you are not eligible for the fiance visa. You petition is null. You must start over with a spousal visa because you are now spouses.

A K1 is a specific visa. It requires the parties to be single. Getting married before the visa is issued makes you ineligible to receive it.

Once you have the visa, you come to the US and marry. You then 'used' the visa and its over. Its a one time use visa. Once in the US you must pay additional fees to adjust status to a LPR. You didnt violate it, you used it the one time as you were supposed to.

[NigeriaorBust 4,087]

You must be single when you enter the US , so if you marry in your home country you have to start over. If you marry and come and "remarry' in the US and the US ever finds that you were married when you entered all immigrant benefits you have gained after that will be forfieted.

[Harpa Timsah 13,258]

There is a very particular time and place in which you must get married to comply with the K-1. This time is after the issuance of the visa, and after entrance to the US (up to 90 days after), and in the US. If you get married any other time or any other place, you can no longer use the K-1 or get a benefit from it.

[americabidol 17]

There is a very particular time and place in which you must get married to comply with the K-1. This time is after the issuance of the visa, and after entrance to the US (up to 90 days after), and in the US. If you get married any other time or any other place, you can no longer use the K-1 or get a benefit from it.

You can file an i130 along with the adjustment of status if you get married after the 90 days right?

[VanessaTony 3,567]

You can file an i130 along with the adjustment of status if you get married after the 90 days right?

As long as it's to the K1 petitioner, yes.

[Harpa Timsah 13,258]

You can file an i130 along with the adjustment of status if you get married after the 90 days right?

Yes. (and good point Vanessa, it must be to the original K-1 petitioner)

That's why I said vaguely that "cannot get a benefit from the K-1 visa" if you marry at another time - in the case you mention you'd start over as a spouse in the US (not a fiance). In other scenarios, different things would happen (like if you married outside the US before entering on K-1, then if you did make it into the US, you would be subject to deportation at any time for material misrepresentation and banned for life with no possible waiver, and yes, it has happened).

Edited March 2, 2013 by Harpa Timsah

[VanessaTony 3,567]

In one informational reference I see that the Marriage must occur within 90 days of a K-1 issuance. No. You must marry within 90 days of ARRIVAL TO THE US on a K1 visa. The visa is issued with 6 month validity (or less if your medical is expiring). In order to use the K1 visa, you must enter the US on the K1 visa before its expiry date. once in the US you have 90 days to marry your K1 petitioner in order to AOS based off the K1 visa.

And in a personal posting in another forum I see a comment that if the parties of that K-1 Visa get married while the K-1 is in effect, then it is considered to be 'deserting' (not the word that was used) the K-1 and a spousal Visa needs to be sought, which everyone seemed to agree with as being correct. No. It's either been miswritten, or you're reading it wrong. When you apply for a K1 petition and later visa you need to not be married. Once the visa is issued you must still remain unmarried until after you ENTER the US on the K1 visa. You MUST marry your K1 petitioner (you can't marry anyone else and stay in the US) in the US. You cannot marry before you enter the US or at any stage prior to entry to the US. If you do, you need to file a CR-1

This seems to be a contradiction, for the bureau to issue a Visa and then force the parties to violate in order to comply with the 90 day requirement. Is this a way to garner more fees ? Or am I misunderstanding this ?

Basically, some people have had the misfortune to get the K1 visa, get married and THEN enter the US. This isn't allowed and is visa fraud. You cannot use a fiance/e visa to enter the US when you're already married. You can get married after you get the K1 visa and before entry to the US, but you can't use the fiance/e visa to enter the US, you'd need to file for, and wait for, a spousal visa and then enter the US on a spousal visa.

[Gary and Alla 3,694]

New here... You couldn't guess that, right ???

If this has been answered somewhere else, please forgive me.

haven't had the time to look through all the forums yet...

In one informational reference I see that the Marriage must occur within 90 days of a K-1 issuance.

And in a personal posting in another forum I see a comment that if the parties of that K-1 Visa get married while the K-1 is in effect, then it is considered to be 'deserting' (not the word that was used) the K-1 and a spousal Visa needs to be sought, which everyone seemed to agree with as being correct.

This seems to be a contradiction, for the bureau to issue a Visa and then force the parties to violate in order to comply with the 90 day requirement. Is this a way to garner more fees ? Or am I misunderstanding this ?

Thanks,

BA

No conflict.

When the visa is ISSUED it is VALID for 180 days. That means you MUST enter the United States within 180 days.

When you enter the United States with a K-1 the visa is CANCELLED. It does not "expire" it is KILLED. It is replaced with the I-94 which is valid for 90 days. During that 90 days you MUST get married in order to adjust status from the K-1.

You could, in practice, postpone the wedding until 269 days from the date of visa issuance and still adjust status based on a K-1.

Once you have entered with the visa and have been married, you may file to adjust status based on that marriage AT ANY TIME thereafter. There is no deadline and all "expiration dates" are null and void.

If you do NOT marry within the 90 days, then you can STILL adjust status but not based on a K-1. You would also have to file an I-130 petition in addition to the I-485 and pay the fee for that.