Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Necessary cookies are absolutely essential for the website to function properly. Result in extreme hardship to you, the U.S. citizen sponsor. Subsequently, once the NVC has received your file and you have paid the appropriate fees, you should apply for a I-601A Provisional Waiver of Unlawful Presence. Nothing on this website, including guides and resources, is to be considered legal advice. An alternative must be worked out. In my view, his actions are no different than taking advantage of a child or handicapped person. That extra cost usually allows the couple to be together in the U.S. 2-3 months sooner than a marriage green card would allow. He came to the USA, but unfortunately we broke up and did not go through the marriage process. And how is Taylor i have been a client of yours and received my k1 visa successfully with your and Taylors help I would like to thank you and Taylor for all your advices it has been great help there were some honest mistakes but we were always asking Taylor questions and get answers at the same day so was good enough with a success in the end of the rough process. Instead, you can pursue a green card through consular processing. ;who will do your taxes, among other things you might need.If you have deep pockets,you get more all attorneys in town are the same.They work very very close with legal departments.Immigration ignores any complaints,so no worries.Fbi,is afraid of judge or friends they will not get involved.Think about it,happy to send proof of all I have said.Hope it helps. However, if you have been out of status on the K1 visa for very long, you may trigger a bar from the U.S. thanks, Daine, If you have not yet filed for adjustment of status to become a green card holder, then you likely need to file for divorce and depart the U.S. It doesnt make any sense. How Long Does The K-1 Fiance(e) Visa Process Take? Kind regards, Allan. Marriage Green Cards: What Are the Differences? It really depends on the particular immigration officer in review of your case whether to cancel. As long as the adjustment application is received into the agency, then it should process. RECOMMENDED: Overview of the K-1 Visa Process. I would be glad to discuss with you what can be done and this should help. Please contact me directly to discuss your situation in more detail if you have an interest in possibly working together with me on your immigration filings. The couple begins the green card application process by sending a. Contacting us does not create an attorney-client relationship. Kind regards, Allan. In fact, they are scheduled to increase soon. The cost for any additional person is $5,680 and $5,220 respectively. What will happen if I divorce before got green card. Required fields are marked *. This includes Form DS-260: Immigrant Visa and Alien Registration Application, filing fees, and the required supporting forms and documents. Please call and report that you would like a paid phone consultation. Very kindly, Allan, Hello I came to us on a k1 visa on may 21 but didnt get married to my husband until the 14 of nov. Same-sex couples are eligible for the K-1 Fiance Visa. The process of applyign for a K-1 fiance visa followed by a marriage green card is roughly $800 more expensive than simply applying for a marriage green card through consular processing. The following documents are the responsibility of the K-1 visa sponsor: It is within the discretion of DOS to either approve or deny your fianc(e) a K-1 visa. Now I married with US citizen and have two children. The application process is slightly different for each of these immigration benefits, though. Aman, I am available to assist with case processing if interested. Importantly, if you marry an individual other than the K-1 sponsor, you will be barred from changing to another visa status or adjusting to a green card in the United States. Here are the processes and timelines to get a marriage green card through the K-1 fiance visa and consular application processes: U.S. Citizen fiance files Form I-129F, Petition for Alien Fiance Visa. Talk to an experienced immigration attorney with our, Marriage Green Card Consular Process and Timeline. forgot to tell she had a husband,5 kids another adopted.If you get married ther,if need to get the right judge.You will remain married even if you admit in court your not even divorced.If something happens to either of you,you can get 50%,plus all the perks.Money, Land,insurance,Unrecorded Prenup Perks.They help with drivers licence,what ever you need.I can give you the name of a C.P.A. Phase I and Phase II contain the steps to get the foreign spouse into the U.S. and take 12-15 months to complete. A K-1 visa holder has no right to ask U.S. After you marry, you may apply for an adjustment of status to get a Permanent Resident (Green) Card. They need to check with U.S. customs for proper paperwork and also with the airline to find out what transportation containers are required. The sole purpose of the fianc visa is to enter the United States to marry a specific person, within 90 days of entry. Where do you want to get married in the U.S. or foreign spouses home country? Her status now remain unclear. What Happens to Your Immigration Status When You Get Divorced? U.S. citizen spouse or green card holder submits completed Form I-130, filing fees, and the required supporting documents to USCIS. Ive not been involved up to this point and you have a mess on your hands, so I think it fair to have a paid consultation. Permanent Resident once they arrive in the U.S. USCIS mails a physical green card to the foreign spouse about 2-3 weeks later. How to choose a Marriage Green Card vs. a Fiance Visa. She cannot obtain a green card based on your relationship while remaining in the U.S. These cookies will be stored in your browser only with your consent. When you proceed independently, I feel at that point a paid consultation is best. K-1 Visa A K-1 visa is for the foreign-citizen fianc of a United States citizen. This is very important, especially if you both wish to settle down and live together as one family in the U.S. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If you want to go over your current immigration situation and choices, I can offer a paid consultation. Each stage of the K-1 fianc(e) visa process is explained below: This is the first form to be filed by the U.S. citizen fianc(e). Usually, the visa states: UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR. This visa will allow you to return to the United States, as a lawful permanent resident. Allan. As the K-1 visa sponsor, you will also be the one to sponsor the petition, file a green card sponsorship petition and submit an affidavit of support. Upon arriving at the port of entry, the fianc(e) will be interviewed by a CBP officer, who will decide whether to admit him or her. It will help to know the basis for annulment. Kind regards, Allan. If granted, the K-1 visa will be used by the foreign national fianc(e) to travel to the United States, get married within 90 days after arrival, apply for a green card, and live permanently in the U.S. i entered US as k1 visa.. after 1 month we got married and apply for the temporary greencard. The NVC then assigns a case number and routes you file to the appropriate United States embassy or consulate. My number is 1-888-483-0311 (toll free from the U.S.). If not, you must submit an additional Form I-864 or Form I-864A with your application. Does Immigration Accept Marriages Performed Outside United States? While it is possible to still apply for a green card through marriage through somebody else, you will have to leave the United States and begin the whole visa process again. Kind regards, Allan. Does a K-1 Visa Petitioner Need To Attend the Consulate Interview? I hope this helps. You can compare the eligibility requirements for a K-1 fiance visa and marriage green card in the table below: The end goal of a K-1 fiance visa and a consular marriage green card (spouse visa) is the same: get a green card for your spouse so that they can live and work in the U.S. It is very important that you do not leave the U.S. without the waiver, otherwise you could be stuck outside of the country. There are various application filing fees involved in both application processes, and these fees change from time to time. I hope to hear from you. However, if youd like, you may be at the interview with your fianc(e) to provide support. I came US 11years ago with K1Visa and I didnt married the guy. A valid marriage certificate must list names of both spouses, date of marriage and place of marriage. Thanks so much for your good assistance. This process will also involve a series of documentation and interviews for the two of you. What Are The Costs of the Marriage Visa Process in the United States? Can I File a K-1 Visa While Still Married? 2. They cannot adjust status by marrying another US citizen. In some states, the information on this website may be considered a lawyer referral service. John, Greetings. Immigration, Divorce & Child Custody Attorney P.C. As of July 2022, it costs $800 to get a K-1 fiance visa and an additional $1,225 to apply for a marriage green card once you enter the U.S. By comparison, it costs a total of $1,200 to get a marriage green card through consular processing. You should not assume the foreigner will be granted an extension. The problem is that you will not want to depart the US at the end of your visit. More specifically, what happens when an K-1 visa recipient is a victim of domestic abuse? You can find free or low-priced legal help at USA.gov. What should we do now. All immigration and naturalization services provided by Allan S. Lolly & Assoc. In the form, your income must indicate your ability to provide for yourself, your sponsored fianc(e), and any other dependent member of your household. Plus wed like time for perhaps family to come over too.. if we so decide to do it this way.. We want the location and timing to be perfect and we dont want to press the situation. If you come to the U.S. on a K-1 fianc visa, which is given to foreign nationals for the purpose of entering the United States and marrying a U.S. citizen, realize that your visa and immigration status cannot be renewed. A K-1 (fianc) visa is a temporary visa, for couples who aren't married to their U.S. citizen partner but plan to be. If you have an interest in possibly working with me on his filings, you are welcome to contact me off-post and I will be glad to screen the case and give advice. As long as these nonimmigrant visa holders were present in accordance with the terms of their visas and fell in love along the way, theres generally nothing to prevent a marriage and adjustment of status. I charge $60 for the first 15 minutes and then $3 each minute after that time. United States, Allan S. Lolly & Assoc. Josephine, Your choice is to marry the U.S. citizen petitioner who sponsored you to the U.S. on the K1 fiancee visa, or depart the U.S. He or she will need to print the confirmation page of the form and keep it as one of the documents for the K-1 visa interview. These documents are the responsibility of the sponsored fianc(e): Sealed immigration medical exam form. The K-1 nonimmigrant visa is also known as a fianc (e) visa. Before then, you can get a K-1 fianc visa that will entitle you to come to the United States, get married, and stay while your green card application is processed. You must provide a signed statement showing your intention to get married within that period. We are not affiliated with USCIS or any government agency. Im excited to meet you. RapidVisa Incorporated If you try and pretend the marriage is in good faith and your husband turns against you, it will appear as if you are guilty, misrepresenting your relationship to immigration officials. P.C. We can help you know for certain what documents you must submit. For each additional person, just add $4,540 to get the accurate figure. However, there may be other avenues available so you don't have to leave the US. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. 260 Madison Avenue, Suite 8000A Which crimes are affected by IMBRA? it is possible to marry other guy after the divorce is final or i rather go back to my country and apply again? Once your petition is approved, the USCIS will forward the approved I-129 to the DOS National Visa Center (NVC), which will oversee the next stage of your fianc(e) visa application. RapidVisa Legal LLC is a legal service provider authorized by the Utah Supreme Courts Office of Legal Services Innovation to offer certain legal services in the area of immigration law. Not sure where to start with your K-1 application? Once you receive this letter, inform your fianc (e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview. Also, if there is any derivative K-2 beneficiary of the visa (usually child of the beneficiary fianc(e)), the person will need to attend the interview. Very kindly, Allan. If the application is approved, the foreign fianc(e) will be issued a visa, which will allow him or her to travel to the U.S. and seek admission at a port of entry. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Must not be married to anyone else. To find out more, talk to an experienced immigration attorney as soon as possible. When you depart and try to return based on the new relationship, the bar may prevent your return to the U.S. However, after you enter the U.S., you can stay in valid K-1 status for a maximum of 90 days. In the future, you may meet someone else you like and your immigration history will be in question, which is cause for delay.