Can I Get a Green Card if I Divorce My Spouse?
If you are a United States citizen and are engaged to a non-citizen, you may apply for a visa for their entry into the United States to become married and reside here. A K-1 visa is a fiancé visa. If your fiancé is granted a K-1 visa, you are required to marry him or her within 90 days of entry. If you do not marry within that time, your fiancé will generally be out of status and may be required to leave the United States. Once married, your new spouse can apply to adjust their status to become a lawful permanent resident of the United States and to obtain a Green Card. The K-1 visa leads to important immigration benefits and is classified as a non-immigrant visa, though it is used for individuals who intend to immigrate through marriage. The K-1 visa process involves U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State, including U.S. embassies and consulates worldwide. If you are interested in finding out more about the K-1 visa or need our legal services, contact a fiancé visa lawyer from Sesini Law Group today.
Qualifications for a K-1 visa
The couple must have met in person within two years prior to filing the petition, unless a limited exception applies. You will need to provide evidence of having met in person with your petition, unless you qualify for and request a waiver of that requirement. The request is made on an I-129F form, and instructions are available through U.S. Citizenship and Immigration Services (USCIS). An attorney can complete all of the paperwork and attach your evidence as well as submit the petition on your behalf. Government agencies conduct background and security checks as part of the process. Petitioners may be asked to provide additional evidence documenting the relationship.
The process of obtaining a K-1 visa
Approval of the petition does not guarantee that the visa will be granted. Once the petition is approved, the fiancée must still undergo a medical examination with an embassy-approved physician and an interview in their country.
During the K-1 Fiancé visa interview, the consular officer assesses:
- Whether the fiancé has complete information about her U.S. citizen fiancé and his or her life to include details about family, past relationships, marriages, and employment, among other areas;
- Whether the fiancé is genuinely interested in the U.S. citizen and serious about marriage, and
- Whether the applicant is eligible for the visa and admissible to the United States under immigration law.
Some questions that may be asked during the interview include:
- What is your name?
- Where were you born?
- What is your nationality?
- How old are you?
- When were you born?
- Have you ever been to the U.S.?
- If you have been, what type of visa did you come on?
- If you have been, how long did you stay?
- If you have been, where did you stay?
- Do you have any relatives in the U.S.?
- Have you been married?
- Do you have children?
After Arrival in the United States
The 90-day period begins on the date of admission, not the date of the visa or the wedding you have planned.
The marriage must be to the petitioner who filed the I-129F. A K-1 beneficiary who marries someone else cannot adjust status on that basis, and there is no extension of the 90 days for any reason.
Once married, your spouse files Form I-485 to adjust status. Because the K-1 is a hybrid category, adjustment is available even though the underlying visa was a nonimmigrant one, and no new I-130 petition is required. If the marriage is less than two years old when the green card is approved, your spouse receives conditional residence and will later need to file to remove those conditions.
Two practical notes. Unmarried children under 21 may follow on K-2 visas, and their status depends on the K-1 principal, so their adjustment should be planned alongside your spouse’s. Your spouse may also apply for employment authorization while the adjustment is pending, which matters because processing can take many months.
Marrying within the 90 days but not filing to adjust does not create an immediate problem, though remaining without filing eventually leads to unlawful presence.
Contact a Fiancé Visa Lawyer in Milwaukee, Wisconsin
If you would like to obtain a fiancé visa, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request. Contact Sesini Law Group.
