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Marriage and Immigration
Posted on: Immigration, Law
Marriage to a US citizen qualifies you for a green card. If the marriage occurs abroad the green card petition must be filed through a US Consulate with jurisdiction over the applicant’s place of residence. The procedures usually take between six to twelve months to complete depending on the country. Many newlyweds, for a variety of reasons, don’t relish the idea of six months of separation or six months or so of waiting before they can enter the US as a married couple.\
The same process that takes six to twelve months abroad also takes months in the US, but the applicant may work and live in the US from the date of filing. Those who apply abroad must wait outside the US during the entire processing period, unless they file for a K3 visa. As a result, many newlyweds prefer to undertake the entire green card application process in the US, so that they can live together and work while they patiently wait for the bureaucracy to grind out the green card approval notice.
The USC1S will not admit visitors who intend to live in the country permanently as a nonimmigrant. Your choices are to:
• apply abroad for a green card and come to the United States as a permanent resident
• enter the US using a K-l (fiance(e)) visa, or K-3 spousal visa
• or come to the United States as a non-immigrant tourist or worker, then marry and apply for a green card.
Rather than force people to lie about the purpose of their entry to the US, in 1970 Congress created the K-l or fiance(e) visa category. The K-l visa avoids the risk of being denied entry to the US or worse. The K-l visa permits a fiance(e) to enter the US as long as the marriage takes place within 90 days of entry. The visa may not be extended so be sure to marry within 90 days.
The applicant may work in the US during the 90-day period. Immediately after the marriage, the couple may file the green card petition, Form 1-130, and the adjustment of status petition 1-485 with the USCIS. The K-l visa tends to reduce the USCIS processing period because the K-l visa application process requires much of the same information that the USCIS requires for the green card petition.
The K-3 visa was recently created for married persons overseas. A person married to a US citizen may now qualify for K-3 status to legally enter the US to adjust to permanent residence status rather than waiting abroad for the completion of the Embassy procedures. Married people may now adjust to permanent residence status abroad or in the US.
The K-3 visa is the legal way for married persons to enter the US and complete their immigration procedures. Those who don’t want to marry within 90 days need to use a Bl/2 or non-immigrant work visa and to hope that the USCIS inspectors don’t ask the right question.
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