Marriage Based
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 K-3 nonimmigrant visa is designed for the foreign spouse of a U.S. citizen, allowing them to enter the country while waiting for the approval of their immigrant visa petition. This aims to reduce the physical separation time between the foreign citizen and the U.S. citizen spouse. Once the petition is approved, K-3 visa holders can apply to change their status to that of a Lawful Permanent Resident (LPR). It’s important to note that a foreign national marrying a U.S. citizen abroad must apply for the K-3 visa from there. Children of K-3 visa applicants may qualify for K-4 visas, allowing them to stay in the U.S. 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 Lawful Permanent Resident (LPR) may live in the country as an LPR. If the foreign spouse is already present in the U.S., the U.S. citizen can file Form I-130 and Form I-485 simultaneously. However, if the foreign spouse is outside the country, the U.S. citizen must file the I-130 petition first. After approval and National Visa Center (NVC) processing, the foreign spouse attends an immigrant visa interview at the U.S. Consular post overseas.
For an LPR, if the foreign spouse is already in the U.S., an I-130 petition is filed. After approval and availability of an immigrant visa number, the foreign spouse can submit an Application to Register Permanent Residence or to Adjust Status (AOS application). Continuous legal status is necessary for status change, with exceptions.
If the LPR’s foreign spouse is outside the U.S., the LPR must file an I-130 petition. After approval and NVC processing, and if immigrant visa numbers are available, the foreign spouse attends an immigrant visa interview at the U.S. Consular post overseas.
Conditional to Unconditional LPR
Spouses of U.S. citizens and Lawful Permanent Residents (LPRs) receive conditional permanent residence status to verify the validity of their marriages. This status is non-renewable and helps USCIS assess the legitimacy of the union. If USCIS suspects marriage fraud or the marriage ends within the two-year conditional period, they may revoke the foreign national’s status. The couple must jointly petition to remove the conditional status within 90 days before the two-year period concludes. Failing to do so requires a waiver to maintain legal status. If all requirements are met, and no marriage fraud is detected during an immigration officer interview, the foreign national’s spouse’s conditional LPR status becomes unconditional.
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