what to do after getting married k1 visa

Full Answer

What is the next step after getting married K-1 visa?

A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.

How long can you stay on a K-1 visa after marriage?

90 daysUpdated on April 28, 2022 However, you cannot maintain K1 status for long: it lasts for a maximum of 90 days and cannot be extended. To stay in the U.S. after your K1 visa expires, you must get married within that 90 day period and file for an adjustment of status to permanent resident.

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 does it take for K-1 visa to 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.

Can you travel outside the U.S. with a K-1 visa?

A fiancé visa is good for only one entry into the U.S., so you can't go out and come back on it. If an emergency comes up before your marriage and you absolutely have to leave, try to make time to apply for a travel document ("Advance Parole"), using Form I-131 (available for free download on the USCIS website) first.

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 you stay in the US 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 after the K-1 visa is approved?

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.

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...

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 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.

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 use to get a travel permit?

Use Form I-131 to apply for your travel permit. If you submit both the I-765 and I-131 along with the K-1 Adjustment of Status application, then USCIS will concurrently issue advance parole and the travel permit.

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.

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.

Can I apply for a Social Security number without waiting?

The employment authorization document is known as Form I-766 but you need to fill out Form I-765 to apply for it.

What happens if a foreign fiance doesn't marry?

If the Fiance entered the United States on a K-1 Fiance Visa, but the couple did not marry within the 90 days after entry, the foreign fiance is considered to have “overstayed” her Fiance Visa. There are two very important distinctions that must be made: (1) married the “intended fiance” or (2) married someone else.

What happens if a spouse does not file an I-129F?

Second, if the Fiance married someone who did not file the I-129F that provided the entry into the US, you should speak with an attorney.

Can I overstay my CBP I-94?

Overstaying any visa may lead to deportation. It is wise to honor the CBP I-94’s permitted time in the U.S. If overstaying is likely, a foreign fiance should speak with an immigration attorney.

When to apply for SSN?

Overall the best practice is to apply for SSN before marriage (and then later update the name when EAD or GC is issued with new surname).

Do I need to file an I-485 for a K-1 visa?

If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and prov

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.

What happens to your previous maiden name?

Meanwhile your previous (maiden) name becomes your “other names used in the past”.

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.

How long does it take to get married on a K1 visa?

The foreign fiancé who is applying for the K1 visa must also agree to marry within 90 days of entering the U.S. or risk deportation. Both the United States citizen and visa applicant must be able to legally marry at the time in which the petition is filed and must remain free to marry until their union. The marriage must also adhere ...

What is a K1 visa?

Also known as a fiancé visa, a K1 visa allows a foreign-citizen fiancé to travel to the U.S. to marry a U.S. citizen. Once in the U.S., the foreign-citizen can apply for an adjustment of status to become a permanent resident. While the process may seem simple, there are actually many challenges involved in obtaining a K1 visa.

What is a fiancé visa?

Fiancé refers to a male or female engaged partner. Before applying for a fiancé visa, the couple is required to have seen each other in person within the previous two years. However, there are certain exceptions to this rule, such as if the U.S. sponsor suffered an extreme hardship that prevented him or her from personally meeting the foreign-citizen fiancé.

What form do I need to file for a foreign spouse?

If the U.S. partner and foreign fiancé marry after the 90-day period, the U.S. sponsor may file Form I-130, Petition for Alien Relative. The marriage green card process is then initiated, allowing spouses of U.S. citizens and U.S. green card holders to become permanent residents.

How long does a foreign spouse stay in the US?

If all goes well, the foreign spouse will be approved for lawful conditional resident status. The foreign spouse remains a conditional resident for two years.

How to prove a relationship between a sponsor and a foreign fiancé?

sponsor and foreign fiancé must be authentic which is partially proven through correspondents, photos and written statements from people who know the couple.

How long does it take for USCIS to approve a joint petition?

It can take several months for USCIS to approve this request.

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 Is a “Fiancé (e)”?

Under U.S. immigration law, a foreign-citizen fiancé (e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé (e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé (e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

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.