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?
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. .
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 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 do I change my status on my K-1 visa after marriage?
K-1 Visa Adjustment of Status Application Process Once you have been married within 90 days of admission into the United States and upon approval of your K-1 visa, you need to then apply for an adjustment of status. A K-1 visa adjustment of status is the process of obtaining a green card in the United States.
Can you travel after K-1 visa marriage?
After you get married, you have to apply for her Green Card (also know as Permanent Residence or Adjustment of Status). At this time, you must apply for her Advance Parole Travel Permit (USCIS Forms I-131). It takes approx 90 days to receive the Advance Parole Re-Entry Permit after filing.
How soon after marriage can I apply for a green card?
USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage.
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.
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.
How long does it take to adjust status after marriage?
Adjusting your status can take anywhere from one to three years, depending on your situation. Boundless can help you get started on your application today!
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 after fiancé visa is approved?
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...
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.
Does being pregnant affect K-1 visa?
When the fiancée of a U.S. citizen is pregnant with their child and waiting for a K1 visa, this doesn't impact the visa's timeline or process. Having a child together could help in terms of evidence that your relationship is bona fide, but it will not expedite the process.
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 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.
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.
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.
When you marry a K-1 nonimmigrant, do you become an immediate relative?
When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.
How long does it take to get a green card if you are a K-1?
citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.” You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.
How to apply for a waiver of inadmissibility?
You may apply for a waiver of inadmissibility or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
How long can I stay in the US if I am married?
citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216. You will need to meet additional requirements and file a Form I-751, Petition to Remove Conditions on Residence before USCIS will remove those conditions. Go to our Conditional Permanent Residence page for more information.
How long does it take to get a green card after being admitted to the US?
After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...
How long does it take to get an I-485?
You are physically present in the United States at the time you file your Form I-485; Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner; You are eligible to receive an immigrant visa;
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
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.
