Marriage-Based Green Card

K-1 Nonimmigrant Visa – Fiancée of a U.S. Citizen

The K-1 nonimmigrant visa is for the fiancée of an American citizen who is a foreign citizen. The K-1 visa enables the foreign national fiancée to enter the country and wed the sponsor, a citizen of the United States, within 90 days of arrival. The foreign citizen will subsequently submit an application with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, for adjustment of status to a Lawful Permanent Resident (LPR) (USCIS). Because a Fiancée visa permits the bearer to come to the United States and marry a citizen of the country soon after arrival, the Fiancée is required to fulfil some of the criteria for an immigrant visa. Children of K-1 visa holders who qualify are issued K-2 visas.

K-3 Nonimmigrant Visa – Marriage to a U.S. Citizen

The foreign spouse of an American citizen is eligible for a K-3 nonimmigrant visa. With the opportunity to get a K-3 nonimmigrant visa abroad and enter the country to wait for the immigrant visa petition to be approved, this visa category aims to reduce the time that a foreign citizen and U.S. citizen spouse are physically apart. K-3 visa holders then submit an application to change their status to that of an LPR when the petition is approved. It should be noted that a foreign national who marries a U.S. citizen outside of the country must apply for the K-3 visa there.Children of K-3 visa applicants who qualify are issued K-4 visas. Both the K-3 and the K-4 visas enable holders to remain in the country while USCIS reviews their requests for immigrant visas.

Green Card Marriage to U.S. Citizen or Lawful Permanent Resident (LPR):

A spouse of a U.S. citizen or LPR may go to the country and live there as an LPR.

A U.S. citizen may submit Form I-130, Petition for Alien Relative (I-130 petition), and Form I-485, Application to Register Permanent Residence or to Adjust Status (AOS application), simultaneously if their foreign spouse is already present in the country (via parole or lawful entry). However, the American citizen must first file an I-130 petition if the spouse is a foreign person who lives outside of the country. The foreign spouse attends an immigrant visa interview at the proper U.S. Consular station overseas after the I-130 petition is approved and National Visa Center (NVC) processing is finished.

An LPR must first submit an I-130 petition if their foreign spouse is already a resident of the country (via parole or lawful entrance). The spouse of a foreign national can submit an AOS application to modify status following the acceptance of Form I-130 and the availability of an immigrant visa number. The foreign spouse cannot change status unless they have continually maintained legal status in the US, with some exceptions.

If an LPR's foreign spouse lives outside of the country, an I-130 petition must first be filed by the LPR. The foreign spouse attends an immigrant visa interview at the appropriate U.S. Consular post overseas upon approval of the I-130 petition and completion of National Visa Center (NVC) processing, provided the immigrant visa numbers are available.

Conditional to Unconditional LPR

Spouses of LPRs and citizens of the United States are granted conditional permanent residence status. This non-renewable legal immigrant status is meant to assist USCIS in determining the validity of such marriages. If USCIS believes that the marriage was formed in an effort to circumvent U.S. immigration regulations or that it ended otherwise than via the death of the spouse during the conditional two-year period, it may cancel the foreign national's conditional status.

The foreign national and his or her spouse who resides in the United States must jointly petition to have the conditional status lifted no later than 90 days before the conclusion of the two-year conditional period. To keep their legal status, the petitioner and beneficiary must seek a waiver if they don't submit the joint petition within the allotted 90 days. If all legal requirements are satisfied and there are no signs of marriage fraud discovered during an interview with a qualified immigration officer, the foreign national's spouse's conditional LPR status will become unconditional.