Post K-1 Visa

Once the fiancé enters the United States, what happens next?

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

 

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