A K1 Visa, otherwise known as a fiancé visa, allows a United States citizen’s engagement partner to enter the United States under the precondition that they will get married to their U.S. partner within 90 days. After marriage, the newly wedded spouse can then “adjust status” by applying for permanent residence via green card.
Can I marry her while waiting for K1 visa?
You’re not allowed to marry your K-1 fiance while your visa is pending or even approved while outside the US. It can only happen in the US. A legal (civil) wedding in another country will invalidate your K-1 visa. Some may ask “what’s the harm? we’re a genuine couple and will get married in the US anyway…”.
Can you get married without a K1 visa?
There is an exception; if you do end up marrying your fiancé within the 90 days and you file the application, but subsequently break up, then you can pursue the green card without your spouse, as long as the application was filed. These cases can be very complicated; not getting married after entering on K-1 visa can have severe consequences ...
Is it mandatory to get engaged for K1 visa?
K1 Visa Eligibility Criteria. To get the K1 visa you must fulfill the following criteria: Be engaged to a US citizen. Have the intention to marry within 90 days of them entering the US. Have proof of your relationship before the engagement. Get married according to the US lawswhile you are in the United States on a K1 visa.
How many times can you apply for a K1 visa?
In general, it is best to only apply for one K1 visa. Not only will you have found last love and a lasting relationship, U.S. immigration officials can be suspicious of people who apply for more than one K1 visa. However, it is possible to apply for multiple K1 visas.
What to do after you get married on a K-1 visa?
Major Steps in Adjusting Status After K-1 Fiance Visa Entryprepare various U.S. government forms.gather various documents, such as your marriage certificate.undergo a medical exam or get a vaccination report (if you didn't already have these done within the last year)More items...
How long does it take to get Green Card after K-1 visa marriage?
In total, getting a Green Card via a K1 Visa usually takes 13-18 months, but the immigrant fiance will be able to enter the U.S. as soon as they have their visa. It usually takes 9-12 months to get a K1 Visa and an additional 4-6 months to adjust status to a Green Card after the immigrant enters the US.
How long are you responsible for spouse on K-1 visa?
You have 90 days to get married after your fiancée/fiancé arrives in the country. If she or he plans to stay and work in the U.S., you will have to file another petition and application in order to adjust his/her status to a permanent resident (Green Card).
What happens if we get married after filing a K-1 petition but before I immigrate?
What happens if we get married after filing a K-1 Petition but before I immigrate? If the beneficiary and petitioner are legally married after filing the I-129F petition, the beneficiary is no longer eligible for the K-1 visa. The K-1 Petition cannot be converted into a CR-1 or an IR-1 spousal petition.
Which is faster fiancé visa or spouse?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
Can I stay in U.S. while waiting for marriage green card?
In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card.
What happens if divorce after K-1 visa?
In the event of a divorce, foreign nationals who entered the U.S. on a K1 fiancé visa can still become permanent residents as long as they were married within 90 days of entry and have an I-864, Affidavit of Support, that hasn't expired.
Can you work after getting married on a K-1 visa?
As a K-1 visa holder, you can work in the U.S. only if, after entering, you apply for and receive a work permit. This is known by U.S. Citizenship and Immigration Services (USCIS) as an Employment Authorization Document (EAD). It is a small plastic card with your photo on it.
How long are you financially responsible for someone on a K-1 visa?
The sponsor's responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States.
Can I get married before my K-1 visa is approved?
K-1 visa eligibility – must remain unmarried Being single and free to marry is an eligibility requirement to file the I-129F. After filing, the couple must remain unmarried until the beneficiary fiance is approved and comes to marry in the US. Meaning, your marital status must stay unmarried through the entire process.
When can fiancé visa get citizenship?
As a green card holder married to a U.S. citizen, a foreign national must wait three years before being eligible for naturalization. However, a naturalization applicant can apply for naturalization 3 months before becoming eligible for naturalization.
How long is the K-1 visa process 2022?
approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.
When do I need to file a K-1?
You need to file a K-1 adjustment of status before the end of the 90-day period of stay. In other words, you should file for an adjustment of status before the I-94 expires.
What is the last step in the K-1 adjustment of status process?
The last step of the process is the K-1 adjustment of status interview in the USCIS office. During this interview, the officer will ask questions to confirm that the marriage is bona fide. Many of the questions may resemble those from the initial K-1 visa interview. The following are examples of documents that demonstrate a marriage is legitimate.
What form do I need to file for K-1 adjustment of status?
Form I-693 must be submitted along with the K-1 Adjustment of Status application. Be aware that a medical examiner who is authorized by USCIS must be the one to carry out the medical exam of the foreign fiancé. This same physician should be the one conducting any necessary vaccinations.
How long do you have to be married to get an adjustment of status?
As long as the marriage takes place within the 90-day window . If you do not get married within the 90 days, you are required to leave the country and cannot file for an adjustment of status or any other non-immigrant category. The form covers the following topics. Biographical information about yourself.
What is an I-864?
Form I-864 demonstrates that the intending immigrant has the substantial financial support to not become a public burden. The citizen spouse will need to submit a form also to demonstrate that they’ll be able to support their immigrant spouse should their spouse not be able to support themselves. The poverty guidelines and household size dictate the minimum income required to sponsor someone. If the citizen spouse does not have an income that exceeds the minimum then a co-sponsor will be required. Regardless of which option you choose, all individuals who will be submitting an affidavit of support have to submit supporting evidence of their income, funds, recent tax returns, and W2 Forms.
When to file I-485?
The foreign national spouse should file the I-485 application after the marriage has occurred and within the 90-day period of stay. We strongly advise individuals to file within the 90 day period of stay in order to circumvent the accrual of an unlawful presence.
How long is a K1 visa valid for?
Your fiance’s K1 visa is valid for 6 month from the date it was issued. If your fiance traveled to the US soon after receiving the visa, it is probably still valid for a few months now that you are married. However, the K1 visa is a nonimmigrant visa, meaning it will not allow your fiance to remain in the US permanently.
How long does it take to get an adjustment of status from a K1 visa?
If you filed everything correctly and USCIS does not send you a Request for Evidence (RFE), processing time for an adjustment of status from a K1 visa is usually 4-6 months. If USCIS sends you an RFE, this could delay processing for 30-90 days after you respond to the RFE.
How long does a spouse have to be married to get a green card?
Also, because you and your spouse have been married less than two years, USCIS will only grant your spouse “conditional permanent residence.” This means the first green card is only valid for 2 years. 90 days before that conditional green card expires, your spouse must file form I-751, Petition to Remove Conditions on Residence. One year after removing the conditions on permanent residence (3 years after receiving conditional permanent residence based on marriage to a US citizen), your spouse could be eligible to apply for US citizenship!
What is the I-864 form?
USCIS will use the I-864 Affidavit of Support form to determine whether you meet the required minimum income and/or assets under the Federal Poverty Guidelines. You need to support the form with income tax returns, bank statements, and proof of any assets you choose to use in place of income. Passport Pictures.
How much does it cost to file an I-485?
The filing fee for form I-485 is $1,225 (including $85 for biometrics [digital fingerprints and photo]) for applicants between the ages of 14 and 78. If you are filing for someone older than 78 or younger than 14, make sure to check the special instructions. The other forms (I-864, I-765, etc.) are free as long as you are concurrently filing your I-485. Pay all fees with a personal check or money order to US Department of Homeland Security. USCIS will reject forms filed without the correct fees.
What proof is needed for a marriage?
Such proof should include: Rental agreement, lease, mortgage, or deed with both your names; Photos from your engagement, marriage, and time you have spent together in the US.
Can a US citizen get citizenship through marriage?
USCIS is very skeptical of individuals who got their US citizenship through marriage to a US citizen, divorced that person, and then filed a K1 petition on behalf of a fiance. Officers often suspect the original marriage was fraudulent–just a scheme to get citizenship and petition for the foreign fiance.
How long does it take to get married on a K1 visa?
If you have a K1 fiancé visa, get married in 90 days and file your green card application and if you need help with your application, we’d be happy to assist you and you can schedule an appointment to talk to our attorneys.
When to file for a green card after marriage?
You also need to file as soon as possible after getting married , preferably before your visa expires , another application for your green card. What we do here at our office for our clients is when we know that the visa has been approved, we work with our clients to find out when they’ll come to the US and when they’ll get married. And we start preparing the green card application right away. That way, we can update the application with the marriage certificate and get it sent out right away after the marriage for the green card application and the work permit.
What is an I-129F?
The I-129F application, that petition that you file with immigration, that’s what you’re sending immigration to show you have a real relationship. When that petition is approved, that’s immigration saying, “Yes, we see that you have a real relationship and we’re approving your petition. ”
What happens to your previous maiden name?
Meanwhile your previous (maiden) name becomes your “other names used in the past”.
What is the 90 day clock for marriage?
The “90-day clock” for marriage starts the day you enter the US (i.e. pass through Customs and Border Protection). After that point, the visa expiration date becomes irrelevant.
Why do we ask for cards?
We ask for a variety of reasons: most of us don’t want to be bored at home waiting for our cards to show up. Can we work? Volunteer? Or how about go to school?
Can you change your name on a marriage certificate?
I want you to keep something else in mind. Once the State issues a marriage certificate with your new name on it, it’s a legal document to prove name change (just like a court ordered name change). From that moment on, you must start using this new name as your legal name.
Should I wait to file a tax return?
In any case, I’m not suggesting you wait. Instead, you should file as soon as possible when your documents are ready.
Is a huge ceremony required for residency?
But this time, it’s not that strict. In my experience, having a huge ceremony isn’t necessary for approval at your Permanent residency interview. My wife and I didn’t have one, and we did alright.
Is it legal to file an I-485 after K-1?
That’s a very interesting question because it’s a “gray area” and there’s no actual law governing when exactly you should submit the I-485 after entry with a K-1 or K-2 visa.
When you marry a K-1 nonimmigrant, do you become an immediate relative?
When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.
How long does it take to get a green card if you are a K-1?
citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.” You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.
How to apply for a waiver of inadmissibility?
You may apply for a waiver of inadmissibility or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
How long can I stay in the US if I am married?
citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216. You will need to meet additional requirements and file a Form I-751, Petition to Remove Conditions on Residence before USCIS will remove those conditions. Go to our Conditional Permanent Residence page for more information.
How long does it take to get a green card after being admitted to the US?
After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...
How long does it take to get an I-485?
You are physically present in the United States at the time you file your Form I-485; Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner; You are eligible to receive an immigrant visa;
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
