Major Steps in Adjusting Status After K-1 Fiance Visa Entry
- prepare various U.S. ...
- 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. ...
- attend a biometrics (fingerprinting) appointment, and
- 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)
What happens to my K1 visa if I don't get married?
K-1 status in the U.S. cannot be renewed, so if you don't get married within that time, you are expected to leave. But once you're married, you can apply for a U.S. green card (lawful residence), through a process called "adjustment of status."
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 a K-1 visa holder apply for an adjustment of status?
An adjustment of status is sought by individuals who are physically in the U.S. and want to apply for legal permanent residence. Once your fiancé enters the United States and marries you within the 90-day window, a K-1 adjustment of status is necessary to go from K-1 visa to a green card.
How to go from K-1 visa to green card?
Information regarding any interpreters or legal representatives you used to complete the form Applicants must submit form I-693 and the K-1 Adjustment of Status application to go from K-1 visa to green card. Be aware that a medical examiner who USCIS authorizes must be the one to carry out the medical exam of the foreign fiancé.
What is the next step after K-1 visa?
If the K-1 Fiancé did not bring their children with them, they can send for their children to enter the United States under an approved K-2 visa. The K-2 children will enter the United States and their status is conditioned on the K-1 parent maintaining their legal status.
Can you stay in U.S. after getting married on 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 is a K-1 visa good for after marriage?
90 daysK1 nonimmigrant status automatically expires 90 days after entry into the U.S. This 90-day window cannot be extended and if the couple does not marry within 90 days, the foreign fiancé and his or her children must leave the U.S.
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 do I change my K-1 visa to a green card?
Applying for the Marriage Green Card. The beneficiary, in order to successfully change their status from K-1 visa holder to lawful permanent resident (LPR), will need to file Form I-485 (officially called “Application to Register Permanent Residence or Adjust Status”) and include various supporting documents.
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.
Can a K-1 visa holder travel outside the United States?
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.
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 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.
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.
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.
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.
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.
