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The Fiancée Visa Application Process and How to Get Your Green Card as a Former Fiancé(e) Non-immigrant

If you are the fiancé of a U.S. citizen, you can apply for a visa in order to travel to the U.S. and perform your marriage ceremony. After your 90-day fiancée visa expires and you are married to a U.S. citizen, you can apply for a change of status to become a permanent resident with a green card.

The application process has a few steps you can follow below:

1. The U.S. citizen partner should file a petition for fiancée non-immigrant. This form has a filing fee of $340 and will require you to submit documentation of your relationship with your partner, documentation of the petitioner’s citizenship status, family-based immigration forms, biographic information, and any past immigration history. Applicants who have petitioned for 2 or more K-1 visas in the past must file for a waiver in order to be eligible to apply for any additional fiancé visas. You should file this form with the U.S. Citizenship and Immigration Services lockbox in Dallas. Take care to address your application, completely fully and correctly, to the correct location. The fiancé visa application cannot be processed at local USCIS offices abroad or in the U.S. Failure to submit your petition to the correct destination may result in a long delay in your review process.

2. After your fiancé visa is approved, travel to the U.S. and perform your marriage ceremony as soon as possible to avoid violating any immigration laws. Your fiancé visa is only active for a duration of 90 days. After this period the visa will expire and you will be required to depart the U.S. if you are still unmarried. If you remain present in the U.S. on an expired visa you may prompt removal or deportation proceedings which can negatively affect your chances to immigrate in the future.

3. After travelling to the U.S., the immigrant party is eligible to apply for employment authorization. The citizen partner does not need to petition for employment authorization on behalf of the immigrant. If you have K-1 non-immigrant status and want to work, you can file this form with USCIS. There is a filing fee of $380.

4. After you and your spouse are married, the immigrant spouse can file for a change of status to conditional permanent resident. In order to be granted resident status there must be a visa readily available to you. At first, your green card will be on a conditional basis, which means it does have an expiration date. You should file separately for your immigrant children. Each application for change of status has a filing fee of $985. After your petition for residence in approved, you can live legally in the U.S.

5. You can file a waiver to have the conditions taken off of your green card and have your permanent resident status instated. If you do not choose to waive the conditions to your residence, it may expire or be limited. While living on a conditional green card, you should look into immigration law to ensure you do not violate the conditions of your residence. Any conditional resident children can be included on the main applicant’s waiver for unconditional residence.

For more information and help with getting a visa or green card, contact immigration attorney Phillip Kim.

ByPhillip Kim

Apply for US Citizenship in Fresno California Citizenship Certificate Attorney Immigration Lawyer Green Card

You may have already become a US citizen without knowing that. In that case, you do not need to apply for citizenship. Instead, you can simply apply for a Citizenship certificate, which could be much simpler and less costly than applying for Citizenship.

Many of my clients come to my office thinking that they have to qualify and apply for citizenship to become a US citizen; but in some cases, they are pleasantly surprised to find out they do not need to apply for citizenship because they already have become a citizen. In that case, all they need to do is to apply for a citizenship certificate.

Here is how you can save time and money by applying for a citizenship certificate.

You may file for a Certificate of Citizenship if you meet any one of the following requirements:

#1: You may file for a certificate of citizenship if all of the following actions occurred before your 18th birthday and prior to February 27, 2001: You regularly resided in the United States after admission as a lawful permanent resident (green card holder), and both of your parents, the parent having legal and physical custody of you, or your sole surviving parent naturalized as a U.S. citizen.

#2: If you are the natural born child of a U.S. citizen, you were born outside the United States and you are claiming citizenship by having been born to U.S. citizen parent(s), you automatically become a U.S. citizen at birth if: You were born to two U.S. citizen parents and at least one of your parents had a residence in the United States or one if its outlying possessions. This residence had to have taken place prior to your birth; or You were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years.

#3: If you are the biological or adopted child of a U.S. citizen, you were born outside the United States, and you are claiming citizenship by action of law, you automatically become a U.S. citizen if: You have at least one parent who is a U.S. citizen, whether by birth or naturalization; and You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent; and You have been lawfully admitted for permanent residence and You have not yet reached your 18th birthday; and You are a biological child, you were legitimate, or you were legitimated while in the legal custody of your legitimating parent(s) prior to reaching your 16th birthday; or You are a biological child born out of wedlock and you have not been legitimated and your mother naturalizes as a U.S. citizen.

#4: If you are now over the age of 18 years but all of the above conditions applied to you before your 18th birthday and you were under the age of 18 on February 27, 2001.

*** Please note that the list above is by no means complete. You may also qualify for citizenship in other circumstances depending on the specific facts of your case.

Immigration Law Offices of Phillip Kim, Inc.
1320 E. Shaw Avenue, Ste 148
Fresno, CA 93710
(559) 761-1040

Attorney Phillip Kim represents his clients from the Central Valley, Southern California, and Northern California including Fresno County, Kings County, Kern County, Stanislaus County, Tulare County, Merced County, San Joaquin Valley County, Los Angeles County, and the San Francisco Bay area with cities such as Fresno, Clovis, Sanger, Merced, Tulare, Visalia, Modesto, Stockton, Hanford, Lemoore, San Jose, San Francisco, and San Diego.