FAQ: How do I apply for a Green Card/Permanent Residence as the Fiancé(e) of U.S. Citizen?
Photo by bruce mars on Unsplash. In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your foreign fiancé(e) entering the U.S as a K-1 nonimmigrant. After you get married within that period, you may apply for adjustment of status, the process in which your spouse (former fiancé(e)) obtains permanent residence. Find out more about this process in our FAQ.
What is the K-1 fiancé(e) visa?
The K-1 fiancé(e) visa permits the foreign-citizen fiancé(e) to travel to the United States and marry their U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR/green card holder) after the wedding ceremony which must occur in the 90-day period.
What are the requirements for a “Fiancé(e) Visa”?
Under U.S. immigration law, a fiancé(e) is someone with 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).
You may bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
You are a U.S. citizen;
You and your fiancé(e) intend to marry one another within 90 days of their admission to the United States on a K-1 nonimmigrant visa;
You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition.
What is the process to bring my fiancé(e) to the United States?
Petition for Fiancé(e) at the U.S. Citizenship and Immigration Services (USCIS). File Form I-129F, Petition for Alien Fiancé(e), which asks USCIS to recognize the relationship between you and your fiancé(e), with documentation establishing your eligibility. Once the I-129F petition has been approved, USCIS will send the approval to the National Visa Center (NVC) which collects information and documentation in preparation for the consulate interview abroad.
Submit required documentation at the National Visa Center (NVC). NVC's role is to ensure you are prepared for your immigrant visa interview at a U.S. Embassy/Consulate General, and to schedule your interview appointment. It is responsible for collecting any applicable fees, the Visa Application, supporting civil documents, police certificate(s), Affidavits of Support, and financial documents needed for the interview at a consulate/embassy abroad. For more information about the process at the NVC stage, please read our related post here.
Appear for an interview at a U.S. Consulate Abroad. After NVC completes the review of your documentation, they will send you, your petitioner, and your agent/attorney (if you have one) an email noting the consulate interview appointment date and time. Each consulate has different requirements, so check their requirements to make sure that you have everything you need for the interview. If you fail to bring the required documents, the consular officer will not be able to complete the processing of your visa and may necessitate another interview appointment and delay visa issuance. More information regarding this step here from the Department of State website.
Inspection at a Port of Entry by the Customs and Border Protection (CBP). After a consulate issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e).
Marriage within the 90-day period. If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other. Once married, the foreign spouse can then apply for lawful permanent resident status in the United States (get a Green Card).
Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each child, who each must pay the K visa application fee.
What is the green card process for those who entered on a K-1 fiancé(e) visa?
The process starts with the foreign spouse filing Form I-485, Application to Register Permanent Residence or Adjust Status with the required supporting documentation. USCIS will review the application and determine whether the statutory requirements are met. If USCIS deems it necessary to schedule an interview, they will do so so.
What are the requirements for the adjustment of status application?
The foreign spouse meet the following requirements:
You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
You are physically present in the United States at the time you file your Form I-485;
You were inspected and admitted to the United States on a K-1 nonimmigrant visa;
Within 90 days of being admitted into the United States as a K-1 nonimmigrant, you entered into a bona fide marriage with the U.S. citizen who filed Form I-129F, Petition for Alien Fiancé(e) for you;
You are eligible to receive an immigrant visa (meaning that you enter a bona fide marriage with your U.S. citizen petitioner within 90 days after being admitted as a K-1 nonimmigrant);
An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application (an immigrant visa is always available to you if you marry your U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. Once you marry, you are treated as an immediate relative);
None of the applicable bars to adjustment of status apply to you;
You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
You merit the favorable exercise of USCIS’ discretion.
Can my children be included in my adjustment of status application?
No. After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. It is important to note that under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.
Can I work after I arrive on the K-1 fiancé(e) visa?
After being admitted to the U.S. on a K-1 nonimmigrant visa, the fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, the fiancé(e)’s work authorization is valid for only 90 days after their entry into the U.S.
The foreign fiancé(e) may also apply for work authorization at the same time they apply for a Green Card. In this case, they can file Form I-765 together with the Form I-485. In this case, their work authorization is valid for one year and may be extended in one-year increments.
Our relationship broke apart and my fiancé(e) and I did not marry. What happens now?
K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, the foreign fiancé(e) and their children must leave the United States at the end of the 90 days if the marriage does not occur. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. There are some limited exceptions. If you are granted U nonimmigrant status while in the United States (for victims of qualifying criminal activity) or T nonimmigrant status (for victims of a severe form of trafficking in persons), you may apply for a Green Card based on the applicable category.
My green card application was approved but I only received a 2-year green card? Why was I not issued a 10-year green card?
If you have been married to the U.S. citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you conditional lawful permanent resident status for two years. 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 and issue you a 10-year permanent green card.
The immigration process can be lengthy and complicated. We have over 10 years of immigration law experience and have successfully helped many couples with their immigration applications. Please feel free to contact us to schedule a comprehensive consultation. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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