Immediate Relatives U.S. Green Card
Your immediate family member is a U.S. citizen.
The United States remains a beacon of hope and opportunity for people around the world. For those fortunate enough to have immediate relatives who are U.S. citizens, there exists a unique and favored path to secure lawful permanent residency in the United States: The Immediate Relatives U.S. Green Card. This article provides an extensive exploration of this distinctive immigration avenue, encompassing eligibility criteria, the prolonged validity of green cards, and a comprehensive guide to the intricate application process.
1. The Eligibility Criteria for Immediate Relatives U.S. Green Card
Immediate Relatives U.S. Green Cards are designed exclusively for close family members of U.S. citizens. Who is eligible to apply?
1. Spouses of U.S. Citizens
2. Unmarried Children (Under 21) of U.S. Citizens
3. Parents of U.S. Citizens (if the U.S. citizen child is at least 21 years old)
A noteworthy feature of this immigration category is that immediate relatives are exempt from numerical limitations or visa quotas. This exemption means there is no waiting period for visa numbers, expediting the immigration process significantly.
2. The Validity of the Green Card :
– 2 Years Conditional Permanent Residency: Immediate relatives who have been married to a U.S. citizen for less than two years at the time of their green card application receive conditional permanent residency. This status is initially granted for two years. After this period, the conditional resident and their U.S. citizen spouse must jointly petition to remove the conditions and obtain a 10-year permanent resident card.
– 10 Year Permanent Residency: If the marriage has exceeded two years at the time of the green card application or if the applicant falls into any other immediate relative category, they receive a 10-year permanent resident card. Timely renewal of this green card is essential to maintain legal status in the United States.
3. The Application Process :
The first step is to determine who the sponsor is. A U.S. citizen family member (spouse, parent, or child) initiates the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The U.S. family member must include the required supporting documents and fees as well. The sponsoring family member must also demonstrate the financial ability to support the applicant by submitting Form I-864, Affidavit of Support. The approval of Form I-130 establishes the qualifying relationship between the applicant and the U.S. citizen petitioner. USCIS issues a receipt notice confirming the acceptance of the I-130 petition.
The second step will depend on whether the beneficiary is, or not, in the U.S. at the time of the petition. If the applicant is already within the United States and eligible to adjust their status, they can concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, along with Form I-130. If the applicant resides outside the U.S., the applicant must undergo consular processing at the U.S. embassy or consulate in their home country. Applicants must then attend an interview at the U.S. embassy or consulate in their home country. Once approved, they receive an immigrant visa and upon arrival in the U.S., their green card processing is initiated.
The next step is the Biometrics and Interview. The applicants may be required to attend a biometrics appointment and undergo an interview with USCIS as part of the application process. During the Biometrics Appointment Applicants typically receive an appointment notice for biometrics, where fingerprints and photographs are taken for background checks. USCIS schedules an interview if deemed necessary, where the applicant and sponsoring family member must provide documentation, answer questions, and establish the legitimacy of the relationship.
Applicants must also undergo a medical examination conducted by a USCIS-approved civil surgeon and submit the results.
When the applicant was initially conditionally granted a green card through marriage, the applicant and their U.S. citizen spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the green card’s expiration date. After successfully removing conditions, applicants are issued a 10-year green card, conferring full permanent residency rights.
Immediate Relatives U.S. Green Card
The United States has always been a destination for those seeking new opportunities and a better life. For many, reuniting with family members who are U.S. citizens is a dream come true. To facilitate this reunification, U.S. immigration law provides various family-sponsored immigration categories, each with its unique set of criteria. This article focuses on the First Preference (F1) category, which is designed for unmarried sons and daughters of U.S. citizens. We will delve into the eligibility requirements, the application process, and other essential information regarding the F1 visa.
1. Eligibility Criteria for the F1 Visa :
To qualify for an F1 visa as an unmarried son or daughter of a U.S. citizen, you must meet specific criteria:
1. Relationship to a U.S. Citizen: You must be the unmarried son or daughter of a U.S. citizen. Your U.S. citizen parent must provide evidence of their citizenship and establish the qualifying relationship.
2. Age Requirement: You must be 21 years of age or older to be eligible for the F1 visa. Children under 21 years old typically fall under different visa categories, such as Immediate Relative (IR) visas.
2. The Validity
The validity of the F1 visa for unmarried sons and daughters (21 years of age and older) of U.S. citizens typically lasts for six months from the date of issuance. This means that once you receive your F1 visa, you have six months to enter the United States using that visa.
Upon entry into the United States, F1 visa holders become lawful permanent residents, and they are issued a Form I-551, commonly known as a « green card. » The green card serves as proof of their lawful permanent resident status, and it does not have an expiration date. Lawful permanent resident status allows individuals to live and work in the United States indefinitely, as long as they maintain their residency status and comply with immigration laws.
It’s important to note that while the F1 visa itself has a validity period of six months, the green card received upon entry is the primary proof of permanent residency and does not expire.
3. The Application Process :
The F1 visa is part of the family-sponsored preference system, and understanding its validity and application process is crucial:
The U.S. citizen parent initiates the process by submitting Form I-130, known as the Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship.
Once USCIS approves the I-130 petition, it is assigned a priority date and placed in a queue. The Visa Bulletin, published monthly by the U.S. Department of State, indicates the current priority date for each family-sponsored visa category, including F1. Waiting periods can vary based on demand and visa availability.
Due to annual numerical limits, applicants must wait until a visa number becomes available in the F1 category. Waiting times are influenced by demand and visa availability.
When a visa number becomes available, the case is transferred to the National Visa Center (NVC), which manages visa processing for U.S. embassies and consulates worldwide. The NVC provides instructions on required documents and fees.
Applicants must complete Form DS-260, the Online Immigrant Visa Application, and pay the necessary visa fees. This form collects essential information about the applicant.
Applicants are required to undergo a medical examination by an approved panel physician and provide police clearance certificates from countries where they have lived for six months or more since turning 16.
Applicants attend a visa interview at the U.S. embassy or consulate in their home country. During the interview, a consular officer assesses the applicant’s eligibility and admissibility.
If approved, the applicant receives an immigrant visa affixed to their passport, allowing them to enter the United States as lawful permanent residents. Upon arrival, they are inspected at a U.S. port of entry, and their green cards are subsequently mailed to their U.S. address.
The F1 visa for unmarried sons and daughters of U.S. citizens is a vital avenue for family reunification and pursuing opportunities in the United States. While the process may involve waiting periods and intricate steps, it ultimately leads to lawful permanent residency. Seek guidance from immigration attorneys or experts to navigate this journey effectively, ensuring that you meet the specific requirements and deadlines associated with the F1 visa category. With determination and proper guidance, eligible individuals can successfully navigate the F1 visa process and embark on their journey toward a brighter future in the United States.
Second Preference (F2A) Green Card
Your immediate family member holds a green card.
The journey to becoming a lawful permanent resident in the United States is characterized by various pathways, each catering to specific categories of immigrants. The Second Preference (F2A) Green Card is one such option, tailored for spouses and unmarried children (under 21 years) of lawful permanent residents (LPRs) in the U.S. In this comprehensive article, we will explore the Second Preference (F2A) Green Card, including its eligibility criteria, the duration of green card validity, and the intricate application process.
1. Eligibility Criteria for Second Preference (F2A) Green Card
The Second Preference (F2A) Green Card is part of the family-sponsored immigration category and is specifically designed for the immediate family members of lawful permanent residents (LPRs). To be eligible for the F2A Green Card, applicants must meet the following criteria:
1. Spouses of Lawful Permanent Residents: The primary beneficiary of this category includes the legally married spouses of lawful permanent residents.
2. Unmarried Children (Under 21) of Lawful Permanent Residents: The F2A category extends to unmarried children under the age of 21, including stepchildren and adopted children, of lawful permanent residents.
It’s crucial to note that numerical limitations or visa quotas apply to the F2A category. This means there may be a waiting period before a visa number becomes available, particularly for countries with high demand for U.S. immigrant visas.
2. The Validity of the Green Card :
The Second Preference (F2A) Green Card, once obtained, grants lawful permanent residency in the United States.
Initially, it is issued with a 2-year conditional status if the marriage between the Lawful Permanent Residents and the beneficiary is less than two years old at the time of green card approval.
After two years, the conditional permanent resident must jointly file Form I-751, Petition to Remove Conditions on Residence, with their U.S. citizen or lawful permanent resident spouse to obtain a 10-year permanent resident card.
3. The Application Process
The green card application process typically begins with the sponsoring LPR, who must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of their spouse or unmarried child. Once USCIS approves Form I-130, it establishes the qualifying relationship between the applicant and the sponsoring Lawful Permanent Residents.
Applicants and sponsors should stay informed about visa bulletin updates and priority dates to determine when they can proceed with their applications.
As mentioned earlier, numerical limitations apply to the F2A category. Applicants must wait until a visa number becomes available based on their priority date, as determined by the visa bulletin.
If the beneficiary is already within the United States and can be eligible to adjust their status, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, once a visa number is available. Otherwise, beneficiaries residing abroad must undergo consular processing at the U.S. embassy or consulate in their home country. After visa approval, they can enter the U.S. as lawful permanent residents.
Applicants may be required to attend a biometrics appointment and an interview with USCIS as part of the application process.
If the green card is initially granted conditional status, the beneficiary and their U.S. citizen or lawful permanent resident spouse must jointly file Form I-751 within the 90-day period before the green card’s conditional status expires.
After successfully removing conditions, beneficiaries receive a 10-year green card, conferring full permanent residency rights.
The Second Preference (F2A) Green Card is a specialized avenue for spouses and unmarried children (under 21 years) of lawful permanent residents to secure permanent residency in the United States. While it offers a clear path to green card status, numerical limitations can lead to waiting periods, particularly for countries with high demand. Navigating the application process necessitates close collaboration between sponsors and beneficiaries, vigilance regarding visa bulletin updates, and adherence to the steps outlined by U.S. immigration authorities. For those who meet the eligibility criteria, the F2A Green Card represents an opportunity to reunite with family members in the United States and establish a secure future as lawful permanent residents.
Second Preference (F2B) Green Card
In the landscape of U.S. immigration, various avenues exist to obtain lawful permanent residency, each tailored to specific categories of applicants. The Second Preference (F2B) Green Card is one such option, designed for the adult children of lawful permanent residents (LPRs) who wish to reunite with their parents in the United States. This comprehensive article explores the Second Preference (F2B) Green Card, encompassing eligibility criteria, the duration of green card validity, and the intricate application process.
1. Eligibility Criteria for Second Preference (F2B) Green Card
The Second Preference (F2B) Green Card falls within the family-sponsored immigration category and caters specifically to the adult children (over 21 years of age) of lawful permanent residents. To be eligible for the F2B Green Card, applicants must unmarried and be the Sons and Daughters (Over 21) of Lawful Permanent Residents.
The Family Preference visas are subject to annual quotas, which restrict the total number of visas issued within a year. Consequently, each category is allocated a specific quantity of visas annually, with others patiently awaiting their turn. For the F-2 visa category, a total of 114,200 visas are earmarked each year. This allocation is distributed between its two subcategories as follows:
– The F2A visa category is allotted a minimum of 79,940 visas, representing 70% of the total visa allocation.
– Meanwhile, the F2B visa category receives 34,260 visas, accounting for less than 30% of the total annual visa allocation.
2. Validity of Second Preference (F2B) Green Card
The F2B Green Card, like other family-sponsored preference green cards, grants lawful permanent residency (LPR) in the United States without a fixed expiration date. Once granted, F2B Green Card holders have permanent resident status, and their green cards serve as evidence of this status.
Green card holders, including F2B visa holders, are generally required to renew their green cards every ten years for the purpose of updating the card with a new expiration date and to ensure that it remains a valid form of identification. However, the renewal process does not affect their status as lawful permanent residents. The green card itself does not expire in terms of granting LPR status; it simply serves as evidence of that status.
3. The Application Process
Step 1 : The green card application process typically begins with the sponsoring Lawful Permanent Residents parent, who must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of their adult, unmarried son or daughter.
Step 2 : Applicants and sponsors should closely monitor visa bulletin updates and priority dates to determine when they can proceed with their application.
Step 3 : Once USCIS approves Form I-130, it establishes the qualifying relationship between the applicant and the sponsoring Lawful Permanent Residents parent.
Step 4 : Numerical limitations apply to the F2B category, leading to potential waiting periods. Applicants must wait until a visa number becomes available based on their priority date, as determined by the visa bulletin.
Step 5 :
*If Inside the United States : If the beneficiary is already within the United States and eligible to adjust their status, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, once a visa number is available.
*If Outside the United States* : Beneficiaries residing abroad must undergo consular processing at the U.S. embassy or consulate in their home country. After visa approval, they can enter the U.S. as lawful permanent residents.
Step 6 (if required) : Applicants may be required to attend a biometrics appointment and an interview with USCIS as part of the application process.
Step 7(if applicable) : If the green card is initially granted with conditional status, the beneficiary and their U.S. citizen or lawful permanent resident parent must jointly file Form I-751 within the 90-day period before the green card’s conditional status expires. After successfully removing conditions, beneficiaries receive a 10-year green card, conferring full permanent residency rights.
The Second Preference (F2B) Green Card provides a dedicated pathway for adult, unmarried sons and daughters of lawful permanent residents to obtain permanent residency in the United States. While it offers a clear route to green card status, numerical limitations can result in waiting periods, particularly for countries with high demand for U.S. immigrant visas. Navigating the application process necessitates cooperation between sponsors and beneficiaries, close attention to visa bulletin updates, and adherence to the steps outlined by U.S. immigration authorities. For those who meet the eligibility criteria, the F2B Green Card represents an opportunity to reunite with their parents in the United States and establish a secure future as lawful permanent residents.
Third Preference (F3) Green Card
In the realm of U.S. immigration, there are diverse paths to acquiring lawful permanent residency, each designed to cater to specific categories of applicants. The Third Preference (F3) Green Card is one such option, created for the married children of U.S. citizens who wish to reunite with their parents in the United States. In this comprehensive article, we will explore the Third Preference (F3) Green Card, encompassing eligibility criteria, the duration of green card validity, and the intricate application process.
1. The Eligibility Criteria for Third Preference (F3) Green Card
The Third Preference (F3) Green Card falls under the family-sponsored immigration category and is specifically designed for the married children of U.S. citizens. To be eligible for the F3 Green Card, applicants must be married and the son or the daughter of a U.S. Citizen. Numerical limitations or visa quotas apply to the F3 category, which means there may be a waiting period before a visa number becomes available. The waiting time can vary based on factors such as the applicant’s country of origin and demand for immigrant visas.
2. The Validity of Third Preference (F3) Green Card
Once obtained, the F3 Green Card grants lawful permanent residency (LPR) in the United States, and it does not have a fixed expiration date. F3 Green Card holders maintain their LPR status indefinitely, provided they continue to meet the requirements and comply with U.S. immigration laws.
3. The Application Process:
Step 1 : The green card application process typically begins with the sponsoring U.S. citizen parent, who must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of their married son or daughter.
Step 2 : Applicants and sponsors should closely monitor visa bulletin updates and priority dates to determine when they can proceed with their application.
Step 3 : Once USCIS approves Form I-130, it establishes the qualifying relationship between the applicant and the sponsoring U.S. citizen parent.
Step 4 : Numerical limitations apply to the F3 category, leading to potential waiting periods. Applicants must wait until a visa number becomes available based on their priority date, as determined by the visa bulletin.
Step 5 : Adjustment of Status or Consular Processing:
If the beneficiary is already within the United States and eligible to adjust their status, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, once a visa number is available.
Beneficiaries residing abroad must undergo consular processing at the U.S. embassy or consulate in their home country. After visa approval, they can enter the U.S. as lawful permanent residents.
Step 6 (if required) : Applicants may be required to attend a biometrics appointment and an interview with USCIS as part of the application process.
Step 7 (if applicable) : If the green card is initially granted with conditional status, the beneficiary and their U.S. citizen parent must jointly file Form I-751 within the 90-day period before the green card’s conditional status expires.
Step 8 (if applicable): After successfully removing conditions, beneficiaries receive a 10-year green card, conferring full permanent residency rights.
The Third Preference (F3) Green Card offers a dedicated pathway for the married children of U.S. citizens to obtain permanent residency in the United States. While it provides a clear route to green card status, numerical limitations can result in waiting periods, particularly for countries with high demand for U.S. immigrant visas. Navigating the application process requires collaboration between sponsors and beneficiaries, close attention to visa bulletin updates, and adherence to the steps outlined by U.S. immigration authorities. For those who meet the eligibility criteria, the F3 Green Card represents an opportunity to reunite with their U.S. citizen parents in the United States and establish a secure future as lawful permanent residents.
Fourth Preference (F4) Green Card
In the realm of U.S. immigration, there are various routes to acquiring lawful permanent residency, each designed to accommodate specific categories of applicants. The Fourth Preference (F4) Green Card is one such avenue, created for the siblings of U.S. citizens who wish to reunite with their brothers or sisters in the United States. In this comprehensive article, we will delve into the Fourth Preference (F4) Green Card, encompassing eligibility criteria, the duration of green card validity, and the intricate application process.
1. Eligibility Criteria for Fourth Preference (F4) Green Card
The Fourth Preference (F4) Green Card falls under the family-sponsored immigration category and is specifically designed for the siblings (brothers and sisters) of U.S. citizens.
Numerical limitations or visa quotas apply to the F4 category, which means there may be a waiting period before a visa number becomes available. The waiting time can vary based on factors such as the applicant’s country of origin and demand for immigrant visas.
2. Validity of Fourth Preference (F4) Green Card
The Fourth Preference (F4) Green Card, once obtained, grants lawful permanent residency in the United States. The Fourth Preference (F4) Green Card, which is for brothers and sisters of U.S. citizens, grants lawful permanent residency (LPR) in the United States with no fixed expiration date. In other words, F4 Green Card holders have permanent resident status, and the green card itself does not expire in terms of granting LPR status.
However, green card holders, including F4 visa holders, are typically required to renew their physical green cards every ten years. This renewal process involves filing Form I-90, Application to Replace Permanent Resident Card, and paying the associated fees. The primary purpose of this renewal is to update the card with a new expiration date and to ensure that it remains a valid form of identification.
It’s important to note that while the physical green card may have a ten-year expiration date, the individual’s status as a lawful permanent resident does not expire as long as they continue to meet the requirements and comply with U.S. immigration laws. The green card serves as evidence of their LPR status, and they can continue to live and work in the United States indefinitely as long as they maintain their status.
3. The Application Process :
Step 1 : The green card application process typically begins with the sponsoring U.S. citizen sibling, who must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of their brother or sister.
Step 2 : Applicants and sponsors should closely monitor visa bulletin updates and priority dates to determine when they can proceed with their application.
Step 3 : Once USCIS approves Form I-130, it establishes the qualifying relationship between the applicant and the sponsoring U.S. citizen sibling.
Step 4 : Numerical limitations apply to the F4 category, leading to potential waiting periods. Applicants must wait until a visa number becomes available based on their priority date, as determined by the visa bulletin.
Step 5 :
*If Inside the United States*: If the beneficiary is already within the United States and eligible to adjust their status, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, once a visa number is available.
*If Outside the United States*: Beneficiaries residing abroad must undergo consular processing at the U.S. embassy or consulate in their home country. After visa approval, they can enter the U.S. as lawful permanent residents.
Step 6 : Applicants may be required to attend a biometrics appointment and an interview with USCIS as part of the application process.
Step 7 : (if applicable): If the green card is initially granted with conditional status, the beneficiary and their U.S. citizen sibling must jointly file Form I-751 within the 90-day period before the green card’s conditional status expires.
Step 8 : Removal of Conditions (if applicable): After successfully removing conditions, beneficiaries receive a 10-year green card, conferring full permanent residency rights.
The Fourth Preference (F4) Green Card provides a dedicated pathway for the siblings (brothers and sisters) of U.S. citizens to obtain permanent residency in the United States. While it offers a clear route to green card status, numerical limitations can result in waiting periods, particularly for countries with high demand for U.S. immigrant visas. Navigating the application process requires collaboration between sponsors and beneficiaries, close attention to visa bulletin updates, and adherence to the steps outlined by U.S. immigration authorities. For those who meet the eligibility criteria, the F4 Green Card represents an opportunity to reunite with their U.S. citizen siblings in the United States and establish a secure future as lawful permanent residents.
K1 fiancé visa
Your fiancé is a U.S.Citizen.
This nonimmigrant visa allows a foreign-citizen fiancé of a U.S. citizen to enter the United States for the purpose of getting married and eventually become a permanent resident (LPR) through the marriage green card process.
1. The eligibility criteria
- U.S. Citizenship:
The sponsoring fiancé must be a U.S. citizen. U.S. lawful permanent residents (green card holders) are not eligible to sponsor their fiancé for a K-1 visa.
- Marital Status:
Both partners must be unmarried. To establish this, the couple should provide documentation such as divorce decrees, annulments, or death certificates from any previous marriages.
- Valid Relationship: The couple must demonstrate the authenticity of their relationship.
- In-Person Meeting: They are required to prove that they have met in person at least once within the two years preceding the visa application. Exceptions may be considered in cases of extreme hardship or when meeting in person would conflict with religious, cultural, or social norms.
- Intent to Marry: Both partners must submit a signed statement affirming their intention to marry each other within 90 days of the foreign fiancé’s arrival in the U.S. Additionally, providing supporting evidence such as venue bookings or wedding invitations is advisable.
- Financial Requirement: The U.S. citizen sponsor must meet the income requirements for a K-1 visa. Specifically, their adjusted gross income on the most recent tax return should be equal to or greater than 100% of the Federal Poverty Guidelines. In cases where the sponsor does not meet this requirement, they can utilize a joint sponsor to meet the income threshold.
Meeting these requirements is essential for a successful K-1 fiancé visa application, facilitating the legal entry of the foreign partner into the United States with the intention of marriage within 90 days of arrival.
2. The validity
A K-1 fiancé visa, also known as a « fiancé(e) visa, » is typically valid for a period of six months from the date of issuance. This means that the foreign fiancé(e) can use the visa to enter the United States within six months of its issuance.
Once the foreign fiancé(e) arrives in the United States, they have 90 days to get married to the U.S. citizen sponsor. After the marriage takes place, they can then apply for adjustment of status to become a lawful permanent resident (green card holder).
It’s important to note that the K-1 visa itself does not grant permanent residency, and it expires after the 90-day period or if the marriage does not occur within that timeframe. If the marriage does not take place or if the foreign fiancé(e) does not apply for adjustment of status within the 90-day period, they would typically need to depart the United States. Failure to depart could result in immigration violations.
Therefore, while the K-1 visa has a six-month validity for entry, the key timeline to remember is the 90-day period for marriage and adjustment of status after arrival in the United States.
3. The Application Process
Step 1 : Filing the K-1 Visa Petition:
– The U.S. citizen petitioner initiates the process by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form serves as the formal request to bring their foreign fiancé(e) to the United States for the purpose of marriage.
– USCIS conducts a thorough review of the petition to ensure it meets all necessary criteria. If approved, USCIS forwards the petition to the National Visa Center (NVC) for further processing.
Step 2 : Visa Application and Interview:
The foreign fiancé(e) receives notification from the NVC and proceeds to apply for the K-1 visa at the U.S. embassy or consulate in their home country. As part of the application process, the foreign fiancé(e) undergoes a medical examination and attends an interview at the embassy or consulate. During the interview, consular officials assess the legitimacy of the relationship and the intention to marry in the United States.
Step 3 : Visa Approval:
Upon successful completion of the interview and approval of the K-1 visa application, the foreign fiancé(e) is granted the K-1 visa, which allows them to travel to the United States for a limited period.
Step 4 : Arrival in the U.S.:
After arriving in the U.S., the foreign fiancé(e) must marry the U.S. citizen petitioner within 90 days. This marriage is the cornerstone of the K-1 visa process and is necessary to move forward in the immigration journey.
Step 5 : Adjustment of Status (Green Card Application):
Following the marriage within the 90-day period, the foreign fiancé(e) can apply for lawful permanent residence (a green card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. The I-485 application includes a range of supporting documents, biometric appointments, and an in-person interview with USCIS to verify the bona fides of the marriage and assess eligibility for permanent residence.
Step 6 : Conditional Green Card:
If the marriage is less than two years old at the time the green card is approved, the foreign spouse will receive a conditional green card, valid for two years.
Step 7 : Removal of Conditions:
To convert the conditional green card into a permanent (10-year) green card, the married couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before the conditional green card expires. Along with the I-751 petition, they must provide compelling evidence of the genuineness of their marriage.
Step 8 : Permanent Green Card:
Upon USCIS’s approval of the I-751 petition and the removal of conditions, the foreign spouse will receive a permanent green card, granting them lawful permanent residence in the United States.
It’s important to recognize that the U.S. immigration process can be intricate and subject to change. Specific requirements and procedures may evolve over time, and therefore, it is strongly recommended to consult with a qualified immigration attorney or regularly visit the official USCIS website for the most up-to-date information and guidance on the K-1 fiancé visa and green card process. Navigating this process successfully involves careful attention to detail, adherence to deadlines, and the provision of substantial evidence to demonstrate the legitimacy of the relationship and intentions.