In the rush to get foreign national fiances and fiancees into the United States, U.S. citizen sponsors sometimes do not realize, or just simply over look, what steps must be taken once a loved one enters the United States on a K-1 fiance visa. the following are a few of the steps that must be taken by K-1 visa couples.
First, the obvious step, is that the U.S. citizen petitioner and K-1 visa holder must get married within 90 days of the K-1 visa holder’s entrance into the United States on the K-1 visa. This marriage must be completed within 90 days – failure for the U.S. citizen petitioner and K-1 beneficiary to marry within 90 days will result in extra work for the couple and the need for added input from a K-1 visa lawyer. If the K-1 visa beneficiary marries a person other than the U.S. citizen petitioner, it is advisable to contact an immigration lawyer to access what options may be available.
Second, once the couple marries, it is necessary for the K-1 visa holder to adjust status to become a lawful permanent resident. This process can be started as soon as the couple is married – but not before. This process can take about five months to complete and often requires the couple to attend an interview at the local immigration office. this interview requires the attendance of both the K-1 visa petitioner and beneficiary. Once the process is completed, the K-1 visa beneficiary will be given conditional permanent residency (CPR).
Third, at the same time that the couple is applying for adjustment of status, the K-1 beneficiary may seek work authorization and advance parole. Advance parole, once received, allows individuals to travel internationally without abandoning the adjustment of status application.