A fiancé visa is an effective means of reuniting with the people you love. However, once you obtain an approved approved K1 visa what’s next? In this article, the experts at Urbina Immigration Law will guide us on the steps to follow to establish your new life in the United States.
Don’t face the U.S. immigration system on your own. At Urbina Immigration Law we can help you take the next step in your immigration process. Contact us today and get the adjustment of status you need to secure your future in your new home.
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K1 Visa Approved: What’s Next?
Once your K1 visa is approved, the next step is to marry within 90 days of the foreign spouse’s arrival. After that, you can begin the process for U.S. residency by marriage through the adjustment of status process.
What is U.S. residency by marriage?
U.S. residency by marriage refers to the legal status obtained by a foreign spouse of a U.S. citizen or permanent resident upon marriage. This allows you to live and work legally in the country.
Initially, residency is conditional if the marriage is less than 2 years old. However, it can be made permanent through the condition removal process. This includes benefits such as the ability to apply for U.S. citizenship.
What prerequisites must I meet to qualify for U.S. residency by marriage with an approved K1 visa?
Before applying for adjustment of status to obtain U.S. residency by marriage, be sure to meet the following requirements:
- Marry within 90 days of arrival in the United States to a U.S. citizen or permanent resident spouse. This is part of the K1 visa requirements and, if you fail to comply, you could face serious consequences.
- Verify inadmissibility for reasons such as communicable diseases, drug addiction, life-threatening disabilities, or lack of proof of vaccination.
- Ensure that you have no “adjustment bars” related to prior immigration law violations. If you find yourself, remember that you can obtain an immigration waiver by filing Form I-601 (Application for Waiver of Grounds of Inadmissibility).
Don’t let an obstacle stop you from living the American dream. At Urbina Immigration Law we have an experienced team of attorneys who can help you verify your eligibility and walk you through the process. Contact us today and let’s fight together for your right to a better life in the United States.
What documents do I need to apply for U.S. residency by marriage?
For the adjustment of status process to obtain U.S. residency by marriage, you must submit the following documents:
- Form I-485: This is the document that initiates the process of adjustment of status from K1 visa to lawful permanent resident in the United States.
- Copy of Form I-94: This document shows the beneficiary’s date of arrival and departure to the United States.
- Form I-797: This document is the notice of approval of the original K1 visa petition filed by the U.S. citizen through Form I-129F.
- Beneficiary’s birth certificate .
- Marriage certificate between the beneficiary and the U.S. citizen spouse.
- Passport page containing the K1 fiancé(e) visa.
- Page of the passport containing the entry stamp issued by the border official.
- Government issued identification (must include a photo).
- Two 2×2 inch passport photos.
- Form I-864: This form is an affidavit from the U.S. citizen spouse showing that they are able to provide financial support to the beneficiary.
- Form I-693: This form shows the results of the medical examination required to demonstrate that the beneficiary does not pose a risk to public health in the United States.
In some specific cases, you may also need:
- Judicial and police records related to prior criminal offenses.
- Form I-601 (Application for Waiver of Grounds of Inadmissibility).
- Form I-212 (Application for Permission to Reapply for Admission to the United States After Deportation or Removal).
- Documentation related to current or previous J-1 or J-2 visas.
What is the adjustment of status process for U.S. residency by marriage?
Step 1 – Marriage
Once you have your K1 visa approved, you must marry the U.S. citizen or resident in question within 90 days of your arrival in the United States. This is one of the fundamental requirements of the K1 visa and, if you fail to comply, you may face serious consequences.
Step 2 – Gather Documentation
Gather and complete all of the above forms (I-485, I-797, I-864, and I-693) along with other supporting documents such as birth certificates, marriage certificates, passports, and so on.
Step 3 – Submit Application to USCIS
You must file your application and documentation with USCIS. In addition, you must pay the appropriate filing fees. This step is extremely important, as it begins the official process.
Step 4 – Adjustment of Status Interview
After filing your application, you will be scheduled for an adjustment of status interview at a USCIS office. During the interview, the authenticity of your marriage will be reviewed and you will be required to provide supporting evidence.
Step 5 – Awaiting Decision and Additional Steps
After the interview, you must wait for a decision from USCIS. If your application is approved, you will obtain conditional permanent resident status. After that period, you will have to start the process of removing conditions to obtain a permanent Green Card (which is renewed every 10 years).
The process may vary depending on your individual circumstances. Therefore, it is important to obtain legal advice. At Urbina Immigration Law we will be with you every step of the way to get you the adjustment of status you so desperately need. Talk to one of our attorneys today and take the first step towards your new life.
What is the condition removal process?
Removal of conditions refers to the process in which a conditional permanent resident in the United States, whose marriage is less than 2 years old at the time of obtaining the Green Card, must apply for the removal of that condition after a period of two years.
This process grants him/her a permanent Green Card, valid for a term of 10 years with the possibility of renewal. In addition, once approved, you may apply for U.S. citizenship, provided you meet the necessary requirements.
What documents do I need to request the removal of conditions?
The following documentation must be submitted for the removal of conditions process:
–Form I-751 (Petition to Remove Conditions on Residency), duly completed and signed.
–Proof of authenticity of the marriage, which may include:
-Joint bank statements.
–Photographs taken during the 2-year period.
–Deeds of co-owned property.
–Birth certificates of children born during the intervening years.
-Any other supporting documentation showing that a genuine relationship has been maintained during that time.
It is essential to submit this documentation within 90 days prior to the expiration date of the conditional Green Card in order to successfully apply for removal of conditions.
What happens if I do not meet the 90-day marriage deadline established by the K1 visa?
If the marriage does not take place within 90 days of the expiration of the K1 status, both you and your fiancé(e) could face serious consequences. This includes automatic expiration of status and the possibility of being subject to deportation, and could affect your future eligibility for immigration benefits.
Do I have to pay any fees to apply for U.S. residency by marriage with an approved K1 visa?
Fees associated with applying for residency by marriage with an approved K1 visa include:
– Form I-485 (Application to Register Permanent Residence or Adjust Status): The filing fee for this form generally varies the age and immigration status of the applicant. You can check the current fee on the USCIS website.
– Form I-751 (Petition to Remove Conditions on Residence): The filing fee for this form is $595. However, please note that you only need to pay it if you need to apply for removal of conditions.
– Form I-693 (Report of Medical Examination and Record of Vaccination): If you have not completed the medical examination as part of the K1 visa process, you will need to pay for this along with the required vaccinations. The cost varies by medical provider.
– Additional Fees: Other fees (such as biometric fee) may apply depending on individual situation.
Please note that rates may change over time, so it is essential to check the current rates at the time you submit your application. At Urbina Immigration Law we can help you find out the fees to be paid and even obtain a waiver. Contact us today and secure your permanent residency in the United States.
Legal advice to continue the immigration process after a K1 visa approval
An approved K1 visa can be a great relief for any migrant. However, this process does not end there. By moving toward U.S. residency by marriage, you can secure your stay in the United States. However, the process of adjusting status and removing conditions can be extremely overwhelming and complex.
At Urbina Immigration Law we understand the difficulties of the immigration system and we are committed to accompany you throughout the process. Don’t risk your future by facing these challenges alone. Contact us and let’s fight together for your right to stay in the country you chose as your home.
Sources
USCIS – Visas for Fiancé of U.S. Citizens
USCIS – I-485, Application to Register Permanent Residency or Adjust Status
USCIS – Removal of Conditions on Marriage-Based Permanent Residence
USCIS – I-751, Petition to Cancel Conditions of Residency
USCIS – Form I-797: Versions and Functions
Other resources
K1 fiancé visa: everything you need to know
K1 Visa and its requirements: Eligibility and required documentation
Form I-129F: How to Start the K-1 Visa Application Process
Why can the K1 visa be denied? Factors influencing their denial
Renewal of permanent residency in the United States: steps and documentation
What are the requirements for family reunification in the United States?
What are the requirements for obtaining U.S. citizenship?
What proofs of marriage should I submit to USCIS?
How to complete the removal of conditions process with Form I-751
