Obtaining a Green Card by Marriage
Overview of the K1 Fiance Visa
If your fiancé is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé.* After the petition is approved, your fiancé must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), your fiancé will be required to leave the United States. Until the marriage takes place, your fiancé is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé may not obtain an extension of the 90-day original nonimmigrant admission.
Applying for a Green Card and the K 1 Fiance Visa
If your fiancé intends to live and work permanently in the United States, your fiancé should apply to become a permanent resident after your marriage. (If your fiancé does not intend to become a permanent resident after your marriage, your fiancé/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancé will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent
Please note: Your fiancé(e) may enter the United States only one time with a K 1 fiancé visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.
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What is a Travel Document and Who Needs One?
If you are not a U.S. citizen, you may need permission to return to the United States after traveling abroad. This permission is granted through a travel document. Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality.
*Only a US Citizen may file a Petition for Alien Fiancé on behalf of a fiancé. The U.S. citizen filing the petition must provide the following items to the U.S. Citizenship and Immigration Services.
Let us know if we can help with your K 1 Fiancé Visa.
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