After your K-1 visa (also known as a fiancé(e) visa) is approved, there are several important steps you need to take to ensure a smooth transition for your fiancé(e) to come to the United States. Here is a general outline of what to do after a K-1 visa is approved:
- Receive the Visa Packet: Once your K-1 visa is approved, the U.S. Embassy or Consulate will typically give your fiancé(e) a visa packet, which should not be opened. It contains important documents and instructions for entering the United States.
- Pay the Visa Issuance Fee: Your fiancé(e) will need to pay a visa issuance fee (if applicable) at a designated bank or payment center. The fee amount and payment process may vary by country, so check with the U.S. Embassy or Consulate where the visa was issued for specific details.
- Attend the Medical Examination: Your fiancé(e) will need to undergo a medical examination by an approved panel physician. This examination is necessary to ensure that they are medically eligible for admission to the United States.
- Schedule a Visa Interview: Your fiancé(e) will need to schedule and attend a visa interview at the U.S. Embassy or Consulate where the visa was approved. They should bring all required documents, including the visa packet, passport, medical examination results, and any requested additional evidence.
- Obtain a Police Certificate: Depending on the country of residence, your fiancé(e) may be required to obtain a police clearance certificate, which proves that they have no criminal record in their home country or any other place they have lived for an extended period.
- Attend the Visa Interview: Your fiancé(e) should attend the visa interview on the scheduled date. During the interview, a consular officer will ask questions about the relationship and review the documents provided. If everything goes well, the visa will be approved, and your fiancé(e) will receive a visa stamp in their passport.
- Travel to the United States: Once the K-1 visa is approved, your fiancé(e) can travel to the United States. It’s essential to enter the U.S. before the visa’s expiration date (usually within six months of the medical examination).
- Marry Within 90 Days: After your fiancé(e) arrives in the United States, you have 90 days to get married. This is a crucial requirement for the K-1 visa. If you do not marry within this time frame, your fiancé(e) may have to leave the country.
- Apply for Adjustment of Status: After marriage, your fiancé(e) can apply for adjustment of status (Form I-485) to become a permanent resident (green card holder) in the United States. This process allows them to remain in the U.S. while awaiting a decision on their green card application.
- Attend Biometrics Appointment and Interview: Your fiancé(e) will likely be required to attend a biometrics appointment and an interview as part of the adjustment of status process.
- Receive a Work Permit (Optional): Your fiancé(e) may also apply for a work permit (Employment Authorization Document or EAD) while their green card application is pending.
- Wait for Green Card Approval: After completing the necessary steps and attending the interview, your fiancé(e) will receive a decision on their green card application. If approved, they will become a lawful permanent resident of the United States.
Adjustment of Status for fiancé(e)s who have entered the United States on a K-1 visa is the process by which they can apply for and obtain lawful permanent resident status, commonly known as a green card. Here are the key steps and information regarding the adjustment of status process for K-1 visa holders:
- Marriage within 90 Days: After your fiancé(e) enters the United States on a K-1 visa, you must get married within 90 days of their arrival. This is a crucial requirement for proceeding with the adjustment of status process.
- Gather Required Documents:
- Form I-485: This is the Application to Register Permanent Residence or Adjust Status. You will need to fill out this form and submit it to U.S. Citizenship and Immigration Services (USCIS).
- Supporting Documents: You will need to provide various supporting documents, including marriage certificates, birth certificates, passport-style photos, evidence of your relationship, financial documents, and any other documents requested by USCIS.
- File Form I-485: After your marriage, you must file Form I-485 with USCIS. This form is used to apply for adjustment of status to permanent resident status. Include the appropriate filing fee with the application.
- Biometrics Appointment: USCIS will schedule a biometrics appointment for your fiancé(e). At this appointment, they will have their fingerprints, photograph, and signature taken.
- Work Authorization (EAD) and Travel Document (Advance Parole): While the adjustment of status application is pending, your fiancé(e) may apply for an Employment Authorization Document (EAD) and a travel document known as Advance Parole. The EAD allows them to work in the United States, and the Advance Parole allows them to travel outside the U.S. while the green card application is pending.
- Attend the Interview: USCIS will schedule an interview for you and your spouse. This interview is typically conducted at a USCIS office. During the interview, the officer will ask questions about your relationship and review your documents. Be prepared to provide evidence of a bona fide marriage.
- Decision on Green Card: If the USCIS officer is satisfied with the interview and supporting evidence, your fiancé(e) will be approved for a green card (lawful permanent resident status). USCIS will mail the green card to the address you provided.
- Conditional Green Card (if applicable): In some cases, if you have been married for less than two years at the time of adjustment of status approval, your fiancé(e) will receive a conditional green card valid for two years. You will need to file a joint petition to remove the conditions within the 90-day period before the card expires.
- Receive the 10-year Green Card: After the conditions are removed, your fiancé(e) will receive a 10-year green card, granting them permanent residency without conditions.