Can my fiancé stay in the U.S. after marriage?

Can My Fiancé Stay in the U.S. After Marriage?

Marrying a U.S. citizen opens the door for foreign fiancés持证人 to pursue permanent residency in the United States. The process involves obtaining a K-1 visa, marrying within 90 days of arrival, and applying for a Green Card.

K-1 Visa: The First Step

The K-1 visa is a nonimmigrant visa specifically designed for foreign fiancés of U.S. citizens. To qualify, the couple must prove they have met in person within the past two years (or have exceptional circumstances that prevented this) and intend to marry within 90 days of the fiancé’s entry into the U.S.

Marriage Ceremony and Adjustment of Status

After the foreign fiancé arrives in the U.S. on a K-1 visa, the couple must marry within 90 days. Once married, the K-1 visa holder can apply for adjustment of status to become a lawful permanent resident (LPR). This involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation.

Eligibility for a Green Card

To be eligible for a Green Card through marriage, the couple must meet certain requirements, including:

• The marriage must be bona fide (genuine).
• The U.S. citizen spouse must be able to financially support the immigrant spouse.
• The foreign fiancé must not have any criminal convictions or other disqualifying factors that would make them inadmissible to the U.S.

Conditional and Permanent Green Card

After the Application to Register Permanent Residence or Adjust Status is approved, the foreign fiancé will receive a conditional Green Card. This Green Card is valid for two years. During this time, the couple must demonstrate that their marriage is still valid and that they have not violated any immigration laws. After two years, the foreign spouse can apply for removal of the conditions on their Green Card and obtain a permanent Green Card.

Additional Considerations

• The foreign fiancé must maintain a K-1 visa status while in the U.S.
• If the marriage does not take place within 90 days, the foreign fiancé must leave the U.S.
• The process of obtaining a Green Card can take several months to complete.
• It is advisable to seek legal advice from a qualified immigration attorney to guide you through the K-1 visa and Green Card application process.