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K Visa - Fiance(e) of US Citizens
If you are US citizen and would like to get married with an alien (non-US citizen), you can either
get married in US or outside the US.
Marriage Inside the US
If you got married outside the US, follow the procedure given below to bring your spouse to
USA and to get him/her green card:
Choosing the Right Option
While immigrant visa process is overall faster to get the green card (typically, 1 year to 18 months, but
it all depends upon the USCIS, consulate etc.), they (spouse/children) enter the US with green card.
Through K3/K4 visa, spouse and children will be able to arrive in the US in around 6 to 8 months (again, it depends), it will take several years to eventually get green card through adjustment of status. If you have children between the ages of 18 and 21 who are not the natural children of your US spouse-to-be, choose a fiance visa (K1 or K3). Due to strange twist in immigration laws, children under 21 can accompany a fiance on their visa, but only children under 18 can accompany a just-married spouse on an immigrant visa - if the US citizen spouse is not the children's biological parent. While comparing the choices, where available, Direct Consular Filing (DCF) is preferred as it is quickest. It is similar to immigrant visa but several steps are combined into one. However, DCF should be used for straightforward cases only. If there are any adverse factors, such as criminal record, serious illness, or previous out of status time, DCF may not work. Also, the procedures at various consulates keep changing and they may or may not be allowing DCF at any given time. DCF is available only to US citizen-foreign national marriage and not available for permanent residents. Conditional Residence
If you have been married for less than 2 years when you arrived in the US on an immigrant visa
or are approved for Adjustment of Status after arriving in the US, you will be given a conditional
green card that expires after 2 years.
90 days before the expiration of 2 years, you will have to apply to remove conditions on the green card and apply for permanent one. USCIS may interview both of you separately to determine whether the marriage is real. If they find out that it was fraud, you will lose your green card and will have to leave the US. If your marriage is 2 years old when you arrive in the US on an immigrant visa or are approved for Adjustment of Status after arriving in the US, you will get a permanent green card. (That card eventually expires in 10 years and have to renew it. However, just the card expires and your permanent resident status does not expire.) |
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