Once your fiancé enters the US on a K1 Fiance Visa, you have 90 days to get married. After getting married on the K1 Fiance Visa, your new spouse must take steps to apply for his or her Legal Permanent Residency. This is also referred to sometimes as getting your “Green Card”. It is at this time that I also recommend that you apply for your work authorization as well.
When your fiancé enters the United States, US Customs will stamp your fiance’s visa and passport for a period of 90 days. In years past, I have always advised my clients not to be too concerned with the 90 day period so long as they get married within the 90 days. And then, as soon as conveniently possible, apply for your Green Card and Work Authorization. So long as you didn’t put it off for months after getting married, there really wouldn’t be a problem. Recently however, I have had two K1 Fiance Visa clients visited by ICE after getting married because they did not file their Adjustment of Status within 90 days of arriving in the US. In both cases, once the Adjustment of Status was filed, there was no more issue with ICE. Nevertheless, there appears to be a much more careful review of fiances coming into the US on a Fiance Visa and for that reason, I now recommend that you take quick steps after getting married to file for your Adjustment of Status and Work Authorization. There is no need to panic, nor do I think a Fiance would ever be removed from the US after getting married for simply failing to file their Adjustment of Status within 90 days after entering the US. But, its is clear that the US Government is watching some of these cases much more closely than ever before.
If you have any questions about the Fiance Visa or Adjusting Status to obtain legal permanent residency after getting married, please don’t hesitate to call me toll free at 1-888-515-3529.
- The Immigrant is no longer a Legal Permanent Resident and has departed the US;
- The immigrant becomes a US Citizen;
- The Immigrant has worked for 40 quarters (10 years) of coverage under the Social Security Act.
- The Immigrant Dies
- Sponsor’s assets
Immigration benefits for same sex couples are now legal and our office is getting Fiance Visas and Marriage Visas approved for same sex couples from around the world!
As you may have heard, same sex marriages are now legal in all 50 states and this makes getting married to a same sex partner much easier than before. No longer do you have to travel to a state that allows for same sex marriages after your fiancé enters the US on his or her Fiance Visa to get married. Also, you no longer have to worry about the religious or legal impediments in the foreign fiancés country. All Fiance Visa applications are processed by a local US Embassy who applies only US law. So even if your fiancé comes from a country that does not recognize same sex marriages or has strong religious opposition to same sex marriages, the application will be processed and approved in accordance with US law.
If you are already married and you were married in the US, you can now apply for a Marriage Visa without issue or your foreign spouse can adjust status to become a Legal Permanent Resident depending on your circumstances.
Spring is a busy time of the year for our office. In part because it coincides with graduation. And for this reason, I get lots of calls and questions from foreign students earning their degrees at US Universities, who have fallen in love with a US citizen and wish to get married and stay and work in the US. The good news is that in most cases, the student can get married, stay and apply for an Adjustment of Status to become a US Legal Permanent Resident.
Students typically enter the United Sates on either a J-1 Exchange Visa or an F-1 Student Visa. There are a few alternative procedures that a student can choose from depending on the type of visa originally granted to the student.