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...
Full Answer
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?
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 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.
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 to do after you get married on a K-1 visa?
Major Steps in Adjusting Status After K-1 Fiance Visa Entryprepare 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)More items...
What is the next step after a fiancé 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 does it take to get your green card after K-1 visa?
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 are you responsible for spouse on K-1 visa?
You have 90 days to get married after your fiancée/fiancé arrives in the country. If she or he plans to stay and work in the U.S., you will have to file another petition and application in order to adjust his/her status to a permanent resident (Green Card).
What happens after my 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.
Do I get interviewed after my K-1 visa is approved?
The notification is usually sent within 30 days of the application's approval, while the interview will generally take place four to six weeks after the embassy or consulate's initial notice. The goal of the interview is to make sure that the couple's relationship is real and that they plan to build a future together.
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 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.
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 divorce after K-1 visa?
In the event of a divorce, foreign nationals who entered the U.S. on a K1 fiancé visa can still become permanent residents as long as they were married within 90 days of entry and have an I-864, Affidavit of Support, that hasn't expired.
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.
How long does it take for a fiancé visa to be approved 2022?
approximately 9 to 12 monthsHow long does a fiance visa take? As of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F).
Which is faster k1 or K3 visa?
Finally, because K3 Marriage visa applicants are married before they enter the United States and they file their immigration petition prior to or at the same time as the K3 visa petition, they typically obtain permanent residence status (green card status) a few months faster than K-1 fiancé applicants.
How long does it take for a US fiancé visa to be approved?
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.
How long can I stay in the US with a fiancé visa?
6 monthsThe DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa. If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry.
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...
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 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 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.
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 K1 visa allow a fiance to stay in the US?
However, the K1 visa is a nonimmigrant visa, meaning it will not allow your fiance to remain in the US permanently. To do this, your fiance will have to apply for “ adjustment of status .”. Adjustment of status is the term used in immigration law to describe changing from nonimmigrant status (K1, B2, U, asylee, ...
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.
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 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
Is it too late to apply for SSN?
Yep, you should have already applied for the SSN by now before marriage. Now it is to late because you are married and there will be a name mismatch
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.
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.
