Once the fiancé enters the United States, what happens next?
- The U.S. Citizen and the K-1 Fiancé should begin planning their wedding after the K-1 visa is approved. Under the terms of the K-1 visa, the K-1 Fiancé is required to marry the U.S. Citizen sponsor within 90 days of entry into the United States.
- 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.
- The K-1 Fiancé can apply for a social security card upon entry into the United States. If the K-1 Fiancé wants the name to reflect a new married name, the K-1 Fiancé will have to get married first prior to applying for a social security number.
- The K-1 Fiancé should file for Adjustment of Status so that they can obtain their U.S. Permanent Resident Status. As part of the petition, the K-1 fiancé should also request employment authorization and advance parole.
- After receiving the Employment Authorization Document, the fiancé can begin to work until the adjustment of status is approved. U.S. Permanent Residents do not require employment authorization to work.
- Upon approval of the adjustment of status, the K-1 Fiancé will receive a conditional permanent resident status. The conditional permanent resident card has a two year expiration date.
- Next is to file for removal of the conditional permanent resident status within 2 years of the approval date. Upon removal of the conditional permanent resident status, the former K-1 Fiancé can look to apply for naturalization to be a U.S. Citizen.
- A K-1 Fiancé can file for U.S. citizenship two years and nine months after the approval of their initial adjustment of status petition if the K-1 Fiancé is still married to the petitioning U.S. citizen. If the K-1 Fiancé is no longer married to the petitioning spouse, the wait is five years.
If you have further questions on the K-1 fiancé process or the adjustment of status petition, please contact our office.