How To Obtain A Marriage Visa
There is also the K-1 visa which enables the fiance to arrive in the US and get the green card there itself after the marriage. The immigration officials, however, ensure that it is not a relationship of convenience. There are verifications during the initial application, an interview at the USCIS Consulate Board, at the time of filing the Adjustment following the marriage and finally after the two year waiting period. This is particularly useful for unmarried couples for this gives them the convenience of bringing their fiance and then holding the marriage. After the marriage, the "Adjustment of Status" (Form I-485) must be submitted. This renders your K-1 spouse and K-2 children (if any) the position of "Conditional Permanent Resident Status" (green card). This is quite a long drawn process that can take almost a year after the submission of the I-485 form. An interview is held in order to verify the authenticity of the marriage. The questions are rather simple and any genuine couple will get through with ease. If the fiance fails to appear for the interview, the legal status is lost and he/she must leave the country at the earliest. The I-551 green card is delivered within weeks of the interview. This whole process is considerably delayed because of stringent security after 9/11.
Two years after the green card has been issued, the candidate has to appeal for unconditional status and appear for another interview, failing which, the green card will expire and the candidate has to leave the US. In this interview, the officers will seek to verify the authenticity of the marriage. In case of domestic abuse or separation after marriage, the spouse can appeal for the unconditional status individually. If the fiance can furnish evidence that the divorce or separation was the petitioner's responsibility, the USCIS excuses him/her. The USCIS does not grant K-1/K-2 visas to US citizens who have a record of sexual abuse. If married to an Us citizen, the partner can apply for permanent citizenship after three years. If not married, the appeal can be made five years after obtaining the Conditional Permanent Residence Card. On arrival at the United States with a K-1 visa, the person must get the "Advance Parole for Travel" (for traveling outside the States) and a Social security number. Earlier, the work authorization card (EAD) was issued at the time of entry, but now one has to apply for it along with the Adjustment of Status document. The EAD can be acquired before getting hold of the green card. |
