If you or your foreign-born, nonimmigrant fiancé(e) has recently applied for a K-1 Visa, you may know that it allows the alien in such a couple to travel to the United States for the purpose of getting married within 90 days of his/her arrival. You also likely know that this marriage must be genuine or bona fide and not simply a means of acquiring Green Card benefits. However, you may have questions about the process of adjusting you or your spouse’s status to that of legal permanent resident (LPR), which is typically done with U.S. Citizenship and Immigration Services (USCIS). Here is a close look at this subject. So, how long does adjustment of status take for K1 visa?
What Is Adjustment Of Status?
“Adjustment of status” is the process by which an alien applies for legal permanent resident status (i.e. obtains a Green Card). Once a foreigner has become an LPR, he/she does not need to return to his/her home country in order to finalize visa processing. A K-1 Visa holder is eligible to apply for a Green Card because they are married to a U.S. citizen (family eligibility category). This process is generally provided for by Section 245(a) of the Immigration and Nationality Act (INA).
Adjustment Of Status For A K-1 Visa
The duration of the adjustment of status process typically varies depending on a K-1 Visa applicant’s situation — specifically, whether his/her spouse is a U.S. citizen or an LPR. Here is a close look at each of these two scenarios.
Duration Of Adjustment Of Status (AOS) Through Marriage
Adjusting one’s status through marriage normally takes between 10 and 13 months if one’s spouse is a U.S. citizen. The AOS processing time also varies depending on the state in which a person applies; therefore, it is important to check the nearest USCIS location’s processing times.
Duration Of Adjustment Of Status If Spouse Has A Green Card
If a foreign-born individual’s spouse is a legal permanent resident, the adjustment of status process, after applying for a K-1 Visa, typically takes longer (approximately 29 to 38 months). This extended amount of time is due to the fact that Green Card holders usually need to present more documentation than U.S. citizens do.
Certain people are ineligible for adjustment of status due to specific reasons. These individuals include:
- Those whose authorized stay in the U.S. expired before their application was filed;
- Those who worked without U.S. government authorization;
- Those who were not inspected and admitted by a U.S. immigration officer;
- A fiancé(e) who entered the U.S. on a K-1 Visa with the intention of adjusting status based on a marriage to someone other than the U.S. citizen who filed the original I-129F petition.
K-1 Visa applicants seeking adjustment of status must also typically submit Form I-485 and, in certain cases, attend an interview with a USCIS officer. In order for a partner to lawfully bring a foreign fiancé to the U.S. to get married, they must qualify as a U.S. citizen. There are two ways to qualify for U.S. citizenship: a person must either be born in the United States or one of its territories (e.g. Puerto Rico) or be born in a foreign nation to at least one U.S. citizen parent. Naturalization also qualifies a person for U.S. citizenship. If a newly-wed couple plans to permanently live in the United States, then the K-1 Visa is the ideal type of visa to pursue.
Reach Out To A Immigration Attorneys For More Info On How Long Does Adjustment Of Status Take For K1 Visa
Speak to the knowledgeable immigration attorneys at Johnson & Masumi, PC in Vienna, Virginia for more information on the duration of adjustment of status for K-1 Visa applicants. We are dedicated to serving clients located throughout Virginia, Maryland and Washington, DC and never hesitate to take on even the most complex cases.
The initial requirement for obtaining a K-1 Visa is to provide proof that the couple has met each other in person for a minimum of two years, unless religious or cultural traditions forbid meetings between spouses prior to marriage. The second requirement dictates that the couple must marry within 90 days of the foreign-born fiancé(e)’s entry into the United States. The experienced attorneys at Johnson & Masumi will clearly explain to you, the specific requirements for special cases such as same-sex couples, couples that include an underage person and couples that include a partner who was previously married. We are happy to provide a consultation so that you will more clearly understand all the options for the K-1 Visa before making a decision.
Call Johnson & Masumi today at (703) 688-8279 or contact us online to learn more about K-1 Visa applications.