yyp Posted June 7, 2005 Report Share Posted June 7, 2005 On I-485, current USCIS status should be K1, and expires on the date of three months after arrival? On I-765, what should be for item 16, ©(9) or (a)(6)? Thanks! Link to comment
tonado Posted June 7, 2005 Report Share Posted June 7, 2005 http://candleforlove.com/forums/index....c6e8164c7f544ce C9 Link to comment
warpedbored Posted June 8, 2005 Report Share Posted June 8, 2005 Actually the visa in her passport has an expiration date. If memory serves me well it is 6 months from the date of issue. I put c-9 Link to comment
yyp Posted June 8, 2005 Author Report Share Posted June 8, 2005 yes, the visa in the passport has experation date which is 6 months from the date of issue, that means she can leave China for US within this 6 months, they give 3 months from the date of arrival when she arrived in US which allows her to stay and get married within this 3 months. That means her current visa status is K1 with 3 months legally staying in the US after she arrived here? That is what I think, but I am a little confused. Link to comment
Trigg Posted June 8, 2005 Report Share Posted June 8, 2005 She is a K1-she will still be legal after 3 months but you need to marry and apply for AOS. the reciept they send you will be sufficient if she is ever asked for papers. she will remain a K1 until you get the greencard even if the I-94 has expired. Remember a visa only gives the right to ask for permission to entere the US at POE. Once she has entereed the US her visa is experied as it is a one time entry visa!! Link to comment
yyp Posted June 8, 2005 Author Report Share Posted June 8, 2005 She is a K1-she will still be legal after 3 months but you need to marry and apply for AOS. the reciept they send you will be sufficient if she is ever asked for papers. she will remain a K1 until you get the greencard even if the I-94 has expired. Remember a visa only gives the right to ask for permission to entere the US at POE. Once she has entereed the US her visa is experied as it is a one time entry visa!!So, I understand now, but I am still confused what I should put in Part 1 on I-485 for Expires on what date. Link to comment
msmckee Posted June 9, 2005 Report Share Posted June 9, 2005 I put the day hand written on her visa at POE. 90 days. Link to comment
frank1538 Posted June 9, 2005 Report Share Posted June 9, 2005 I can certainly understand the confusion, but the I-485 only asks for the visa expiration date. I used the expiration date on the visa itself which was 6 months after the issue date. I don't know about the others, but the POE stamp which shows the date admitted to the US and the date that Jingwen's K-1 classification was god till (90 after admission) was stamped on her I-94 and not her visa. So, I concluded that the date on the visa and not the date on the I-94 would govern. Link to comment
msmckee Posted June 9, 2005 Report Share Posted June 9, 2005 We didn't get the I-94. Told us she wouldn't need it. Boy was he wrong. The info usually stamped on a I-94 was stamped both on her visa and on an "observations" page. It was written class K-1, until the 90 days from date of entry. LAX was POE in Jan 05. Link to comment
warpedbored Posted June 9, 2005 Report Share Posted June 9, 2005 What Frank said. We put the expiration date on the visa. After alll that's what they ask for and that's what it says. One thing I have never been clear on. I know you have to get married within 90 days but do you actually have to file AOS within 90 days? Link to comment
yyp Posted June 9, 2005 Author Report Share Posted June 9, 2005 What Frank said. We put the expiration date on the visa. After alll that's what they ask for and that's what it says. One thing I have never been clear on. I know you have to get married within 90 days but do you actually have to file AOS within 90 days?K1 fiancee has to get married within 90 days, and I believe all of them file AOS within 90 days also before their K1 status expire 90 days later. So current status, K1, should have 90 days, while K1 visa has 6 months. But I think I'd better put 6 months which is much safer. Link to comment
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