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September 14, 2022

How To Apply For K-1 Visa And Adjust Status To Green Card?

Thousands of couples in overseas long-distance relationships are making use of the K-1 visa process to get reunited with their significant others and live with them in the U.S. This is a great opportunity for many people, and following the steps accurately is essential to your success. The process does not end once you’ve been given a K-1 visa. You will later be required to adjust your status to a marriage-based green card.

Here is the step-by-step guide to the K-1 visa to Green Card process.

What Is A K-1 Visa?

The K-1 visa, also known as the US Fiancé(e) visa, permits a United States citizen to sponsor his/her fiancé(e)  to enter the US for them to get married. This is applicable to a relationship in which one partner is residing overseas and the couple is engaged to get married. If you are a US citizen who wants to bring your foreign partner to the United States so you can get married, you will be required to submit a Form I-129. This is the first step towards getting a K-1 nonimmigrant visa.

Interview For The K-1 Visa:

If you have passed through the application phase of this visa process, you will be asked to come to a K-1 Visa immigration interview. The candidate will be informed about the interview date, time, and location and what documents they should bring. Usually, the notification is sent within 30 days of the acceptance of the application, while the interview will take place four to six weeks after the embassy or consulate’s first notice. In the interview, the couple will be questioned about themselves, their relationship with their fiance, and their plans in the United States. Your objective will be to provide evidence to the immigration officer that you are coming with true intentions to live and reunite with your partner.

Period Of Stay For K-1 Visa:

When a K-1 visa is granted, you will be provided this status for 90 days before you should marry your fiance. This is a condition that you will have agreed already during the K-1 visa application process and marrying within 90 days is compulsory.

Can A K-1 Visa Be Extended?

There is no process to extend your K-1 visa status. You must be married within the 90 days period, and adjust your status. In the event of failing to marry within the given time period once you’ve arrived in the United States, your partner and their dependents, if they have any, will need to leave the U.S. Those who fail to leave before their status expires may have to face deportation which could impact their future qualification for US immigration benefits.

What Is The Process Of K-1 Visa To Green Card?

Step 1: Submit A Petition For The Fiance(e)

Firstly, you will have to submit Form I-129 to petition for your fiance(e). The USCIS will then evaluate your forms, and documentation provided and decide accordingly. If accepted, your application will be sent to the DOS National Visa Center (NVC).

Step 2: K-1 Visa Interview:

The National Visa Center will then send the accepted Form I-129F to the consulate or US Embassy where your fiancé(e) will submit an application for a K-1 visa. Your immigration interview will be arranged from there, which your fiance will have to attend. This will usually be in their home country.

Step 3: Port Of Entry And Marriage:

If the DOS provides the K-1 visa, your fiancé(e) can then come to the United States and get admission at a US port of entry while the K-1 visa is valid. The USCIS highlights that having a visa does not ensure guarantee for admission into the United States as a CBP officer at the port of entry will make the final decision. If provided entry, you and your fiancé(e) will have 90 days to marry each other.

Step 4: Adjustment Of Status:

If you marry within the given time period of 90 days, your fiancé(e) becomes your spouse and can now file for a marriage-based Green Card by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. The USCIS will assess and may ask for additional evidence or information. Usually, you and your spouse will be asked to appear for a Green Card interview.

This is the end of today’s blog update. We hope you found this blog useful. Please don’t forget to support us by subscribing to our newsletter and sharing this blog with your friends and family on Facebook, Whatsapp, and Twitter

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