The K-1 visa is for the fiancé of a U.S. citizen to come to the United States for the purpose of marriage. If you entered the U.S. on a K-1 visa, you have 90 days to marry the U.S. citizen from the date of entry. A K-1 visa does not allow the foreign national to stay in the United States for more than 90 days – it can’t be extended. Once married, the foreign national has the option of staying in the United States if he or she files an application for adjustment of status through a K-1 visa entry.
Adjustment of status to permanent resident is an exclusive process to apply for a green card reserved for certain intending immigrants that are physically present in the United States. A K-1 visa holder who has married his or her U.S. citizen fiancé is generally eligible. Continue reading
Conditional residents that obtained a two-year green card through marriage will typically file a joint petition using Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before it expires. The conditional resident normally files jointly with the spouse. Once approved, U.S. Citizenship and Immigration Services (USCIS) grants the conditional resident status as a lawful permanent resident and provides a 10-year green card. But what if the conditional resident gets a divorce or annulment before the two-year period ends? Or what happens if the spouse is abusive and refuses to file the joint petition? The I-751 waiver after divorce provides a solution to this difficult situation. Continue reading
Preparing for your marriage-based consular interview
The consular interview at a U.S. embassy or consulate is an important milestone in your application for an immigrant visa (green card). After all, consular officers use their discretion based on this interview to determine if they will approve your green card application. For marriage-based applications the interview is especially crucial. Knowing what to expect and preparing for possible green card interview questions will help you be ready.
Green card interview questions for spouses tend to dig a little deeper than typical interviews. That’s because marriage is one of the primary ways that fraudulent visas are requested. Immigration officers want to verify that you have a bona fide marriage. That’s it. The officer will ask additional questions to help determine if your marriage is the real deal. Continue reading
A “spouse visa” in this article is a term to refer to an immigrant visa (green card) for spouses. The U.S. government may issue a spouse visa to the foreign national spouse of a U.S. citizen or permanent resident. For couples that have been married for less than two years, the U.S. Department of State will issue a “CR1” visa. This code indicates that the new permanent resident (green card holder) is a conditional resident. On other hand, spouses that have been married more than two years will likely be issued an “IR1” visa. In fact, most spouse visa beneficiaries are approved as conditional residents.
Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), scrutinize spouse relationships more than other types of immigrant visa applications. That’s because Continue reading
What to expect at your Adjustment of Status Interview
First of all, don’t get anxious just because USCIS sent you an appointment notice for an I-485 interview. Almost everyone must go through an interview during the adjustment of status process. In fact, there’s reason to get excited. The I-485 interview is likely the last step in your application process. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. Continue reading
If you’ve obtained a 2-year green card through marriage to a U.S. citizen or through a financial investment, you are a conditional resident of the United States. While the rights and privileges of a conditional resident are very similar to a lawful permanent resident (10-year green card holder), the statuses are very different. Renewing green card after 2 years requires careful consideration. In fact, you won’t be a renewing your green card — the process for conditional residents is completely different. Continue reading
How the new 90-day rule (and elimination of the 30/60 day rule) may affect your adjustment of status to permanent resident
In September 2017, the U.S. Department of State made a significant change to its Foreign Affairs Manual (FAM). This had a dramatic effect on the way immigration officers evaluate inadmissibility in certain cases. And it may affect future applications for adjustment of status. The change essentially eliminated the 30/60 day rule and established a stricter standard now known as the 90-day rule.
Any nonimmigrant visa holder should be aware of this amendment because it may affect how immigration officials perceive attempts to change status. Although U.S. Citizenship and Immigration Services (USCIS) has not declared an intent to use the 90-day rule also, they previously used the 30/60 day rule as a guideline. Therefore, nonimmigrant visa holders attempting to obtain a green card through adjustment of status should be aware of the 90-day rule. Continue reading
When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” USCIS wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit I-751 affidavits.
These “letters of support” are letters written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading
If you received a conditional green card through marriage to a U.S. citizen, you may have questions related to getting your 10-year green card and how to remove conditions on green card. We’ve compiled a list of frequently asked questions related to preparing and filing Form I-751, Petition to Remove Conditions on Residence.
CitizenPath’s online software helps conditional residents prepare Form I-751. Based on our experience, we wanted to share some of the most common questions related to removal of conditions and filing the I-751 petition. Continue reading
Foreign spouses who recently married U.S. citizens generally enter the United States as conditional residents. The conditional status automatically terminates after two years. U.S. Citizenship and Immigration Services (USCIS) uses the conditional status like a probation period. Before the end of the conditional period, the couple must file Form I-751, Petition to Remove Conditions on Residence and prove a bona fide marriage. Getting an I-751 approved is essential for the conditional resident to remain in the United States. Getting an I-751 denied can result in the foreign spouse being removed from the U.S.
If your Form I-751 is denied, USCIS will send you a letter explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. Continue reading