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...
- 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)
How long does it take to get married on K1 visa?
Within 90 days after entry, Fiance visa applicants must marry and apply for Adjustment of Status for permanent residency. . . You’re supposed to get married within 90 days after entry with a K-1 visa… that much is clear… But what do you do after? . ● What are the steps to stay documented in the US? ● Steps to change status and get a green card?
Can a K-1 visa entrant get a Social Security card after marriage?
A K-1 visa entrant can get a SS card either before or after marriage. ● If you do it before marriage, your legal name is still the maiden one. In which case, you’re going to have to come back in the future to get a revised SS card with a new married name.
When to apply for a K-1 adjustment of status after marriage?
Summary of Steps to Apply for K-1 Visa Adjustment of Status 7. K-1 Visa Status Frequently Asked Questions 8. How VisaNation Law Group Can Help with Your Adjustment of Status After Marriage You need to file a K-1 adjustment of status before the end of the 90 days of stay.
Can I stay in the US while my K-1 visa is pending?
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”. For the full steps after marriage for K visa see my article. .
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.
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.
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.
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.
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 after marriage can you travel?
After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for “advance parole,” which gives you permission to travel. Unless you have an emergency situation, USCIS will take two to three months to process your parole.
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.
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.
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 my wife stay in the US while waiting for green card?
Adjustment versus Consular Processing 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. On the other hand, consular processing can often result in quicker processing times.
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.
What form do I need to get a K-1 visa?
Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).
Where do you go for an interview with USCIS?
A while (probably many months) after your initial filing, you'll be called in for the interview, which will take place at a USCIS office in a city near you.
What to expect at a USCIS interview?
At the interview, a USCIS officer will review your application and documents you brought with you to prove a bona fide marriage, ask questions to make sure that your marriage is the real thing (bona fide, not a scam or fraud to get you a green card) and hopefully approve you for conditional residence.
What forms do I need to get a green card?
The USCIS forms that you'll need to download from the USCIS website (for free) and fill out include: Form I-485, Application to Register Permanent Residence or Adjust Status. This is filled out by the immigrant, and is the primary application used in requesting a green card from within the U.S.
What is the form I-131?
Form I-131, Application for Travel Document. The immigrant should fill this out and submit it if there's any chance that he or she will want to leave the U.S. before the interview. Without receiving "Advance Parole," which this form is used to request, leaving the U.S. will result in USCIS cancelling the application, on grounds that it was abandoned.
How long does it take for a green card to arrive?
The actual green card will arrive some weeks later, bearing a two-year expiration date. Keep track of that date carefully. Within 90 days of its arrival, you'll want to apply for permanent residence on Form I-751.
Where can I get a copy of my I-94?
Copy of U.S. entry documents. Include both a copy of the biographical information and U.S. visa/entry page of your passport and your I-94 Arrival/Departure Record. This is available online from the Department of Homeland Security, if you didn't receive a paper card from the Customs and Border Protection officer when you arrived.
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.
