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Visa expiration - really important!

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  • Visa expiration - really important!

    My fiance (who is now my husband!) arrived in the U.S. on his K-1 Visa in April 2010. He received the Visa from the London Embassy at the end of March. We were married on June 11, 2010 My husband just noticed on his passport that the Visa says valid from March 29, 2010 through September 29, 2010. We are confused as to what is actually "expiring"? Is it just the K-1 Visa itself? Or his ability to be here? We are married now, so I am just worried about what the expiration date actually means? Any assistance would be SO helpful!! Thank you!!!!

  • #2
    Visa expire

    The K1 visa you are married now and need to apply for AOS if you have not already. I dare say you have as you were married in June. The visa is valid for 6 months but you have to marry within the 90 day period. Mine said only 3 months as I arrived here 4th Sept married on 11th but visa expired 3rd Dec . All my medical and police report all expire Dec this year so is why mine was cut short.
    Hope this reassures you

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    • #3
      Originally posted by smiths View Post
      My fiance (who is now my husband!) arrived in the U.S. on his K-1 Visa in April 2010. He received the Visa from the London Embassy at the end of March. We were married on June 11, 2010 My husband just noticed on his passport that the Visa says valid from March 29, 2010 through September 29, 2010. We are confused as to what is actually "expiring"? Is it just the K-1 Visa itself? Or his ability to be here? We are married now, so I am just worried about what the expiration date actually means? Any assistance would be SO helpful!! Thank you!!!!
      The K1 visa expiration is 6 months from issue. That means he had 6 months to leave England and enter the US with that K1 visa.

      Once he uses the K1 visa, it's over. It's a one-time entry, so it hasn't been valid since April when he came to the USA.

      He filled out an I-94 card on the plane. They gave him back (or stapled it in his passport) the lower half and would have put a 90 day limit on it. It's the I-94 that shows how long he can stay in the US, not the K1 visa. His I-94 would have expired in July.

      If you filed for Adjustment of Status, his stay is protected while he waits on a decision. If you have not filed, then he is techically out of status or accruing "overstay" days. They will still approve his green card, even if you didn't file before the I-94 expired, but it's best to get it done ASAP.

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      • #4
        Thanks for the assistance! I appreciate it! My husband recently just filed his Adjustment of Status but we haven't received any information back, to date. How long does the AOS process take?

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        • #5
          It's maybe going to take 4 months. It varies like all you've done before. He should have a receipt from them shortly after applying, which is his proof of extended legal presence in the US since his I-94 expired.

          You will be given a biometrics appointment for photo and fingerprints. The case will go to a local office and you will be given an interview appointment, where you take photos and proof of co-mingling your lives and finances. OR the case will be transferred to California Service Center and approved there with no interview and no evidence of your married life.

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          • #6
            Thanks Nichole. As always, you are a plethora of advice!

            This entire process has been so complicated and we do not know what we would have done without this site!

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