Fiancee K-1 Visa Adjustment of Status Adjustment of Status I-485 support
Once the couple marries, USCIS MUST be notified in order to change the Fiancee's status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident. The form to use is I-485, Adjustment of Status. As soon as possible the I-485 should be completed and submitted to USCIS. When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called her "Green Card".
Don't plan to leave the U.S. for your honeymoon. While waiting for the "Green Card" it is best that the Fiancee NOT travel outside of the U.S. . After she receives it she can travel freely.
There may come a need for your Fiancee (now your spouse) to leave the U.S. before the "Green Card" arrives. She should notify USCIS via form I-131 Advance Parole. This will allow her to travel, and reenter the U. S. and to obtain her "Green Card." Should she leave without obtaining the Advance Parole before her Conditional Residency is approved, she may lose her eligibility for residence and be required to start the visa petition process all over again, this time applying for s spousal K-3 visa. It is best she waits until the "Green Card" arrives.
I help you to successfully apply for Adjustment of Status for your new spouse Adjustment of Status
After your Fiancee enters the US and marries you, in order for her to remain in the US she must apply for Adjustment of Status.
USCIS MUST be notified in order to change the Fiancee's status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident.
As soon as possible after Marriage, the Adjustment of Status application should be completed and submitted to USCIS.
When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called the "Green Card".
Steps to obtain the Green Card
A. Marry early (first 45 days) within the first 90 days of her arrival to the USA. Obtain your Marriage Certificate.
B. Once married, start working on a paper trail of documents that help you demonstrate a genuine marriage, and cohabitation.
C. Open Joint accounts for Banking. Such as Checking, savings, credit cards. Make sure monthly statements show both names and your current home address
D. Add her name to utility bills, such as phone, gas, electric, water, sewer
E. Add her name to your lease if you rent
F. Get her a drivers license, showing your current home address
G. Take photos of the two of you together at the wedding, in front of your new home, and the sites you visit on your honeymoon and daily life.
Required after Marriage is a well prepared, well assembled Adjustment of Status 'Green Card' application. You still need to provide iron clad, compelling evidence of a 'bone fide', 'genuine' relationship. In addition to proving the genuine relationship, you must ALSO prove 'beyond the shadow of a doubt' that the two of you are living together, and have bound your lives together.
Below is a relevant article from the New York Times detailing problems some couples have when applying for Green Cards.
NY Times Article on Applying for Adjustment of Status
I help you to successfully apply for Adjustment of Status for your new spouse Adjustment of Status -
In a time of great controversy over foreign residents, the legal immigration process is considered slow nd underfunded. A review of 1,899 K1 Visas showed that the average wait from initial filing to a Consular interview is 181 days, with more delays possible after the interview. However, this is considered an improvement over the old-style spousal visas.
A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the tourist to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married. They must maintain good records of their relationship and eligibility and show the government no cause whatsoever to believe that the fiancee is not eligible for permanent residency.
Expert Tip # 12
Don't violate the terms of the Fiancee Visa. Sometimes after the Fiancee Visa is granted, couples think to marry twice, once immediately among her family and friends in her country, and then a second time later with his family and friends in the U.S. They plan to "game" the visa process by only reporting the second marriage on the Adjustment of Status. This is a bad idea. When entering the U.S. the Immigration officer will ask her "Are you single?". If the Fiancee admits she is in fact already married to the Sponsor, she will be refused entry to the U.S. and sent back. The application process would need to be started completely over this time with the Husband now petitioning for a Spousal Visa. Enjoy an informal engagement party with her family and friends, but never enter what would be considered a legal marriage before she enters the U.S. Only as a single woman may she travel to the U.S. in compliance with the terms of her Fiancee Visa.
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