Marriage to a United States citizen qualifies one for a green card.
If the marriage occurs abroad, the green card petition must be filed through a U.S.
Consulate with jurisdiction over the applicants place of residence. The procedures usually
take between six to nine months to complete. Many newly weds, for a variety of reasons,
don't relish the idea of six months of separation, or six months of waiting, before they
can enter the U.S. as a married couple. Although, the same process that takes 6-8
months abroad, takes 12-18 months in the US, the applicant may work and live in the U.S.
from the date of filing. Thus the lengthy processing period is not as inconvenient as it
would seem. Those who apply abroad must wait out side of the US during the entire
processing period. As a result, many newly weds prefer to undertake the entire green card
application process in the U.S., so that they can live together and work while they
patiently wait for the bureaucracy to grind out the green card approval notice.
INS will not admit people who intend to live in the US permanently as a non-immigrant.
The choice is to file the green card application abroad and come to the US as a permanent
resident or come to the US as a non-immigrant tourist or worker, then marry and finally
file for the green card in the U.S. In the later case, if INS knew all the facts, they
would deny entry and possibly bar entry for five years under summary removal procedures.
One may not enter the U.S. as a non-immigrant with the intent to live in the U.S.
permanently.
Rather than force people to lie about the purpose of their entry to the U.S., in 1970
Congress created the K-1 or fiancee visa category. The K-1 visa avoids the risk of being
denied entry to the U.S. or worse The K-1 visa permits a fiance to enter the U.S. as long
as the marriage takes place with in 90 days of entry. The visa may not be extended so be
sure to marry with in 90 days. The applicant may work in the U.S. during the 90 day
period. Immediately after the marriage, the couple may file the green card petition, form
I-130 and the adjustment of status petition I-485 with INS. The K-1 visa tends to reduce
the INS processing period because the K-1 visa application process requires much of the
same information the INS requires for the green card petition.
If the petition is approved , INS will send the file to the Consulate nearest the
residence of the alien fiance. The Consul will conduct security clearance procedures and
then schedule an interview, much like a permanent residence interview. The applicant must
supply pictures, a medical exam, and an affidavit of support. The green card interview and
K-1 interview procedures are almost identical. If the Consul issues the visa, the
supporting documents are put in a sealed envelop for presentation to INS at the port of
entry. This same package can be used for the adjustment of status and green card
application with INS after the marriage. The fiancee has 4 months from the date of visa
petition approval to apply for the K-1 visa at a U.S. Consulate. Although the four month
period may be extended, each extension requests casts doubt on the ultimate intention to
marry in the U.S. The fiancee must either marry with in the 90 day period or leave the
U.S. If the fiancee leaves prior to the expiration of the 90 day period and returns, he or
she will only be admitted for the balance of the first 90 day period.
Fiancee dependents receive a K-2 visa, which doesn't permit employment but does permit
attending school.
In summary, the K-1 visa is the legal way to enter the U.S. with the intention of
marrying a U.S. citizen. Those who don't want to marry with in 90 days need to utilize a
B-1/B-2 or non- immigrant work visa and need to hope the INS inspectors don't ask the
right question.
