You can file for a spousal green card if you are a K-1 visa holder who recently married an American citizen. This will put you on the route to becoming a lawful permanent resident of the United States and allow you to live and work freely.
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In the United States, you must go through the “adjustment of status” procedure to apply for a marriage-based green card. Getting married and obtaining a green card is a multi-step process.
The spouse of a citizen or permanent resident of the United States must submit a petition to the U.S. Citizenship and Immigration Services on behalf of their foreign national spouse.
This petition serves as evidence of the bona fide nature of the marriage and establishes the foreign national’s eligibility for a marriage green card. Various supporting documents must be submitted along with the petition.
This guide explains the step-by-step transition from a K-1 visa to a permanent resident status.
What Is the K-1 Visa?
The K-1 visa, often known as the fiancé visa, is a nonimmigrant visa specifically designed for individuals who are engaged to a citizen of the United States and intend to marry them here.
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You must complete Form I-129F to petition for a K-1 visa. You have ninety days from the date of your fiancé’s visa approval to get married.
Pre-Application Checklist
In the following parts, the beneficiary will be referred to as the non-citizen spouse, while the sponsor or petitioner will be the citizen spouse. Before applying to change your K-1 visa status to a marriage green card, take note of the following:
Get Married Within 90 Days: The beneficiary and sponsor must marry within ninety days of the K-1 visa holder’s entry into the country. Upon marriage, the foreign spouse may apply for a marriage green card.
Check for Impediments Ahead of Time: The foreign spouse needs to determine if they have any “bars to adjustment” from a K-1 to a marriage green card, such as past immigration law infractions, and if they are ineligible for any reason.
Grounds of inadmissibility include:
- Having an infectious disease, as determined by the Department of Health and Human Services
- Drug addiction
- Having a physical or mental disability that has been linked to threatening behavior in the past and could pose a threat to others in the future
- Failure to present proof of required vaccination
Suppose the beneficiary cannot meet any one or more of these requirements. In that case, they may be eligible for a waiver of inadmissibility by submitting Form I-601, officially known as the “Application for Waiver of Grounds of Inadmissibility. “
Applying for the Marriage-Based Green Card
Form I-485, officially named “Application to Register Permanent Residence or Adjust Status,” must be filed by the beneficiary with several supporting documents for their status to be successfully changed from K-1 visa holder to lawful permanent resident.
The following documents must be obtained in duplicate by the applicant:
- Arrival/Departure Record (known as Form I-94)
- The approval notice (Form I-797) for the initial petition (Form I-129F)
- Birth certificate
- Marriage certificate
- Passport page containing K-1 fiancé(e) visa
- The passport page containing the entry stamp given by the border official
- Government-issued ID (must include a photo)
They will also need:
- Two 2×2 passport-style photos
- Form I-864 (officially called the “Affidavit of Support”)
- Form I-693 (officially called the “Report of Medical Examination and Vaccination Record”)
And in some instances, they might need to gather:
- Court and police records about previous criminal infractions
- Form I-601 (officially called the “Application for Waiver of Grounds of Inadmissibility”)
- Form I-212 (officially called the “Application for Permission to Reapply for Admission into the United States After Deportation or Removal”)
- Documents about any current or previous J-1 or J-2 visas
The medical exam report, Form I-693, may be submitted by the beneficiary concurrently with Form I-485 or later. The applicant might be entitled to forego the medical exam if one has already been completed as part of the K-1 visa application process.
In addition, they will still have to present proof of immunization. Several forms require a filing fee. For example, Form I-485 typically costs $1440, although other forms may have additional expenses. In specific circumstances, the beneficiary could be eligible to request a fee waiver.
Removing Conditions
If the application is approved by U.S. Citizenship and Immigration Services (USCIS), the recipient will be granted lawful permanent residence status.
The green card will be deemed conditional if the beneficiary and sponsor have been married for less than two years when the application is approved. In this instance, two years from the date of the green card’s issuance, the non-citizen of the United States must seek to have the conditions lifted.
To effectively remove the conditions, Form I-751, technically known as the “Petition to Remove Conditions on Residence,” must be filed by the sponsor and the beneficiary within ninety days of their expiration.
The petition will be returned if it is filed too soon. The married pair must provide proof of the validity of their marriage when filing a petition to remove conditions. Proof might include:
- Joint bank account statements
- Photos taken during the two years
- Deeds to co-owned property
- Birth certificates for children born during the intervening years
Once conditions have been removed, the beneficiary will receive a permanent green card, renewable every ten years.
Evidence Required to Prove a Genuine Marriage for a Green Card Application
As the immigration officer must confirm that the marriage is sincere and not just a way to obtain immigration advantages, proving a bona fide marriage is essential in the green card marriage procedure. Examples of evidence are
- Joint financial documents might include joint bank account statements, credit card bills, or loan documents showing co-mingling of finances.
- Property co-ownership: Documents showing joint ownership of property or lease agreements with both names.
- Photographs and Correspondence: Photos of the couple together at various events, with letters, emails, and other correspondence, can demonstrate an ongoing relationship.
- Affidavits from Friends and Family: Written statements from those who know the couple attesting to the relationship’s legitimacy
- Children’s Birth Certificates: If applicable, showing the couple as parents
- Insurance policies: Showing the spouse as a beneficiary.
- Travel records: Including passport photo pages with visa stamps, indicating shared travel experiences.
This is crucial during the interview process for a green card and the period of conditional permanent residence. The intention is to show the immigration officer that there is more to a shared life and devotion than the necessary legal paperwork.
Frequently Asked Questions
How does USCIS investigate marriages?
The USCIS will investigate marriages to determine whether they were genuinely engaged in or to get a green card.
In addition to reviewing the paperwork provided with the green card application, such as marriage and birth certificates, tax returns, and joint bank account statements, the agency may also interview the spouses individually or jointly to inquire about their plans, daily schedules, and relationships.
How long does it take to obtain a marriage-based green card?
The total processing time for a marriage-based green card averages 9.3 months, depending on whether you’re married to a U.S. citizen or a U.S. green card holder (lawful permanent resident).
Can my spouse apply for citizenship after getting their marriage green card?
Generally, following three years of marriage, a lawful permanent resident and U.S. citizen can start the naturalization process by filing Form N-400, known as the “three-year rule.”
In contrast to the five-year rule, which applies to most other green card holders, the three-year regulation only applies to individuals who obtained their green cards through marriage.
To be eligible, you must have lived in the country for three years before submitting your citizenship application and have been physically present in the United States for at least eighteen months during those three years.
During your stay in the country, you must exhibit “good moral character” and reside with your spouse, who must be a United States citizen.
In addition, you have to meet all the other standard naturalization requirements.
Can the K-1 visa be extended if we don’t marry in the 90 days?
The beneficiary and petitioner must get married within 90 days of the K-1 admission, according to the conditions of the visa. The foreign national must leave the country if the couple does not get married within this time frame.
Kindly leave the United States so as not to overstay your visa, which violates its provisions. A foreign national may be removed (deportable) after overstaying their visa.
In general, the pair’s status as immediate relatives—that is, the spouse of a U.S. citizen—can be adjusted if they marry outside of the 90 days. However, doing so would cost an extra petition fee (Form I-130) and might necessitate legal counsel.
Can I lose my green card if I get divorced?
Divorce doesn’t mean you’ll automatically lose your green card, but it can complicate things in ways such as:
- Ten-year green card holders usually don’t get affected
- Two-year conditional green card holders face a stricter process because they need to prove the marriage was genuine