Major Steps in Adjusting Status After K-1 Fiance Visa Entry
- prepare 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)
- mail your forms, documents, exam report, and a fee to an office of U.S. Citizenship and Immigration...
How does a K-1 visa work in the US?
The K-1 visa permits the foreign-citizen fiancé (e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S.
Can a fiance apply for a green card on a K1 visa?
In short, a Fiance should be ready to wait for the Green Card or Employment Authorization Document. The K1 Visa allows a Fiance to begin the immigration process, specifically the Adjustment of Status, after marrying the 1 petitioning US Citizen that has been patiently waiting to get married.
What documents do I need to apply for a K-1 visa?
Documents Required for K-1 Fiancé Entrant Adjusting Status. Along with the various forms, you will need to include the following in your adjustment of status packet: Long-form birth certificate. This will need to be accompanied by a full, word-for-word translation, if it’s not in English. Copy of U.S. entry documents.
How long does it take to get citizenship after K-1 visa?
If the K-1 Fiancé is no longer married to the spouse in the initial adjustment of status petition, they will have to wait four years and nine months after approval of their initial adjustment of status petition before applying for U.S. citizenship.
How long after K-1 visa do you get Green Card?
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 after K-1 visa interview will I get my passport?
There are a few possible outcomes following the interview: The officer approves your application immediately. If your application is approved, you will receive your passport containing the K-1 visa. Additionally, you will receive a sealed packet which should not be opened.
What happens after K1 case is approved?
If USCIS approves the Form I-129F, the approval means that USCIS recognizes there is an intended marriage. USCIS will notify the petitioner and send the approved petition to the Department of State's National Visa Center (NVC).
What to do after entering USA?
Once you have received your immigrant visa, you must enter the United States within the visa validity period to obtain an alien registration receipt or “green” card (Form I-151 or I-551) that will allow you to live and work in the United States. You will receive your passport from the courier service.
How long does fiancé visa take 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.
How do you know US visa is approved?
You can check the status of your visa application on ceac.state.gov. If your visa has been denied, you may find useful information on Ineligibilities and Waivers on usvisas.state.gov.
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.
How many k1 visas are approved each year?
In 2015 and 2016, an average of 49,000 I-129F petitions were approved. In 2017 and 2018 an average of 34,000 petitions were approved.
What is the five month rule?
What is the Five-Month Rule? The five month rule refers to the termination of a student's record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months.
What do US immigration officers see on their screen?
Various types of tax information such as any Delinquent Tax payments. Current Job. Complete history of all border crossings – including state ports where there are border checks. Frequent traveler memberships such as Global Entry or NEXUS.
How many days it will take to get passport after US visa stamping?
It takes around 2-3 calendar days after the interview to get the passport and visa delivered.
What do I do after my fiancé petition is approved?
What happens after my I-129F (K-1 fiancé) petition is approved?Eventually, your fiancé will have to complete the DS-160: Online Nonimmigrant Visa Application and submit required documents. ... Your fiancé will visit a U.S. consulate or embassy abroad (in his or her country) and apply for a visa.
What happens if my fiancé leaves me after marriage on a K-1 visa?
Your fiancé must have the Advance Parole Re-Entry Permit before she leaves the US for foreign travel and must present it to re-enter the US. If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.
Major Steps in Adjusting Status After K-1 Fiance Visa Entry
In order to adjust your status in the U.S., you’ll need to 1. prepare various U.S. government forms 2. gather various documents, such as your marri...
Forms Required For K-1 Fiance Entrant Adjusting Status
The USCIS forms that you’ll need to download from the USCIS website (for free!) and fill out include: 1. Form I-485, Application to Register Perman...
Documents Required For K-1 Fiancé Entrant Adjusting Status
Along with the various forms, you will need to include the following in your adjustment of status packet: 1. Long form birth certificate. This will...
Mailing Your Adjustment of Status Packet
You can't submit the adjustment of status application to USCIS in person. Instead, it must be sent to a particular USCIS office, called a “Lockbox....
Attending Your USCIS Interview
At the interview, a USCIS officer will review your application, ask questions to make sure that your marriage is the real thing (bona fide, not a s...
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?
How long does it take to get an EAD card?
While your Permanent Residency application is processing in the background, you get the EAD/AP card normally within 6-8 months.
Can I stay in the US with a K-1 visa?
Remember, the K-1 visa expiration date becomes irrelevant after you enter. As long as you get married and send in your I-485, you’ve got full legal status to stay in the US while your green card is pending. Your I-797c letter is legal proof that you’re a “K-1 visa applicant pending Adjustment of Status”.
Can I apply for Advance Parole with I-485?
To get this card, you can simultaneously apply for the Employment Authorization and Advance Parole with your I-485 (or even after you file it). Meaning, send out forms I-485, I-131 and I-765 all in one packet.
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.
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
Where to file I-129F?
Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé (e) lives.
How long do you have to meet a foreign citizen?
In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
How long do you have to marry a foreigner on a K-1 visa?
So, let’s wrap up the discussion. Remember, after entry with a K-1 or K-2 visa, you must marry within 90 days. If you two decide not to marry, the foreign fiance can’t stay in the US and must depart before the entry expires.
What is the first step to get a visa to enter the US?
The first step is to enter the US with a K-1 or K-2 visa. This is a subtle, yet important, point because you may not be able to adjust status unless you enter with the correct visa.
What is the interview process for a green card?
This green card interview is held in a formal manner: you and your spouse sit across the table from a USCIS officer who interviews you both, verifies the information on your application, and assesses your bona fide marriage. Typical questions include:
How long does it take to get an I-485?
The average timeline for this is normally 12 months after you submit your application.
How long does it take for an I-551 to show up in the mail?
This I-551 card shows up in the mail 2-4 weeks later. With it, you continue to live in the US and carry on with your married life — starting a family, working, traveling abroad, and even applying for US citizenship in the future.
When to apply for I-485?
If you marry, your priority is to quickly apply for the I-485 Adjustment of Status for permanent Residency as soon as you have all documents ( e.g. marriage certificate).
Can I leave the US if I have an I-485?
Until then, you cannot leave the US and you cannot work unless you submitted the optional Employment Authorization and Advance parole (forms I-765 and I-131) with your I-485.
What to do if all goes well at immigration checkpoint?
If all goes well for you at the immigration checkpoint then you will proceed to another security checkpoint which is much more in-depth remove your shoes, go through a body x-ray machine, place all of your carry on items in an x-ray machine.
How long does it take to get through the immigration checkpoint?
Many US International airports can hold you up for 4 hours just trying to get through the immigration checkpoint. Eventually, you will get there and when you do it will be your turn to answer questions and give your US Embassy visa packet for the K1.
What happens if an officer sees your luggage while they xray?
If an officer sees anything in your luggage while they x-ray it they can ask you some questions about any items and most likely they would even open the luggage up for a further look of what’s inside?
What is the best thing you can do on a flight?
Sometimes the best thing you can do is just talk with someone sitting beside you or on the phone? Eating always helped me to relax and some deep breathes before boarding your flight. It is a long flight and crossing the international dateline can mess up your body clock.
What to drink before a trip?
Before the trip, a day ahead drink lots of water to keep hydrated.
Where is the carry-on stowed?
You’re in the cabin situated in your seat and your carry-on is stowed away in the overhead while your money and important immigration documents are close by where you can visually see them. You might be able to get one last message out to your fiance that you’re on board.
Do K1 aliens have to follow the instructions of the border patrol officer?
K1 alien fiancee’s must follow the instructions of the border patrol officer. due to their very hectic job of moving so many people, they do not always have the luxury of asking a lot of questions and often time only ask you to give them your US Embassy visa packet.
