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 Services (USCIS)
- attend a biometrics (fingerprinting) appointment, and
Full Answer
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.
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 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.
What forms do I need to adjust my K-1 status?
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: Form I-485, Application to Register Permanent Residence or Adjust Status.
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.
How long after K-1 visa can I 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 does it take for K-1 visa to get citizenship?
After filing Form I-129F, Petition for Alien Fiancé, it may take approximately 8 to 11 months to obtain a K-1 visa. It may be shorter for some and longer for others. As explained, the K-1 processing time can vary based on the agencies that adjudicate the many steps.
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.
Can a K-1 visa holder get a driver's license?
You can get a driver's license and the ability to work. you're living and the driver's license requirements there to see if you're able to do that with just the visa. You'll be in limbo for a few months waiting for your work permit and social security card to be able to get your driver's license.
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 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.
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.
Can I leave the U.S. while waiting for green card?
If you leave the United States while your green card application is pending and you don't have a travel document, U.S. Citizenship and Immigration Services (USCIS) will consider your green card application abandoned and will deny it.
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...
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.
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.
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 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.
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 get an I-485 if I'm married?
As a rule of thumb, as soon as you marry, waste no time preparing the I-485 application (although there’s no official deadline for fiance visa applicants to be “out of status”).
