Between visa and green card

[Geo_nerd82 253]

All,

 

     So, I know when my fiancee comes here we have 90 days to marry. But, the wait list (last I checked) for getting the green card is two years. So, what happens between that time? She won't have to go back to Brazil after we marry will she? Further, I haven't (yet) seen any good info on the USCIS website for what I'm supposed to do _after_ we get married. Do I just mail in a copy of the marriage certificate as proof or what?

 

Thanks!!

[Crazy Cat 39,191]

This K-1 flowsheet might help a little

 

http://www.visajourney.com/content/k1flow

 

Fiance enters US at step 14

Edited September 5, 2017 by missileman

[Geo_nerd82 253]

8 minutes ago, missileman said:

This K-1 flowsheet might help a little

 

http://www.visajourney.com/content/k1flow

 

Fiance enters US at step 14

Oh wow, thanks! I still think I've only scratched the surface of the content that's on this site!

[Marcelina 246]

after you get married you apply for adjustment of status and later:

" If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage"

 

check this guide: http://www.visajourney.com/content/k1k3aos

 

 

[nathan688 4]

There are a lot of forms and waiting around, it's a little more complicated than just mailing in your wedding certificate I'm afraid.

 

after entering the US and getting married, you have 90 days to file 'Adjustment Of Status' (AOS), this includes form i-485 (AOS, for the Green Card), i-131 (Advance Parole / AP - so she can leave the country), and i-765 (Employment Authorization Document / EAD - so she can work in the US).

 

AP and EAD are free to file when you file both together with the AOS.

 

AP and EAD take 3-4 months, at this time she can leave the country and start work.

 

AOS - receiving the green card - takes around 1 year, your spouse will receive a green card 'with conditions', meaning that it will last 2 years. After 2 years of being married, you will be able to apply for a new green card with no conditions which will last 10 years.

[geowrian 22,335]

And to answer the OP's original question...once you file for AOS, you are granted authorized stay while your application is pending.

Edited September 5, 2017 by geowrian

[Ryan H 3,790]

~~~Closed for review~~~

 

***Several derailing posts, some of which that contained grossly inaccurate information along with replies to said posts removed.  Replies in this thread are to address the OP's questions only.  Any more instances of thread derailing will result in Administrative Action, this is your only warning.***

 

Edited September 5, 2017 by Ryan H

[Suss&Camm 2,213]

There's also a bunch of other things that you will need to do and some that are smart to do.

Ofc Get married 😆

Get certified copies of marriage certificate for aos application and other things  (such as those below)

Apply for SSN

Open a bank account  (joint to plan ahead for removal of conditions down the line - comingling of assets is a required evidence)

Get health insurance 

Start building her credit score

Look into your state's regulalations on when and how she can apply for driver's license.

 

Don't forget to breathe, enjoy eachother and have fun!

[Illiria 980]

12 minutes ago, Suss&Camm said:

Open a bank account  (joint to plan ahead for removal of conditions down the line - comingling of assets is a required evidence)

Whilst commingling of assets is required evidence this doesn't have to be a joint account specifically, my husband and I come from families where joint accounts aren't typical so we didn't do this but we did have other evidence. We were both on the lease then both on the mortgage and deed of the house we brought. We are both on the medical insurance, car insurance, and benefifcies for work benefits such as life insurance. We also had medical bills where he was listed as the guarantor. I completed removal of conditions last year without being called for an interview.

 

This doesn't need to be for adjustment of status, we only had me on the lease and the marriage cert for my interview as it was 3 months after our wedding.

[Suss&Camm 2,213]

7 minutes ago, Illiria said:

Whilst commingling of assets is required evidence this doesn't have to be a joint account specifically, my husband and I come from families where joint accounts aren't typical so we didn't do this but we did have other evidence. We were both on the lease then both on the mortgage and deed of the house we brought. We are both on the medical insurance, car insurance, and benefifcies for work benefits such as life insurance. We also had medical bills where he was listed as the guarantor. I completed removal of conditions last year without being called for an interview.

 

This doesn't need to be for adjustment of status, we only had me on the lease and the marriage cert for my interview as it was 3 months after our wedding.

Ofc it doesn't "require" the joint account specifically,  comingling of assets is exactly what it sounds like -comingling of assets, any...It is,  however, one of the easiest and quickest (first, they'll need more ofc) pieces of comingling evidence you can get. 

I was pointing the OP in the general direction of planning ahead, not giving a comprehensive list  since this is where the OP is now in the process.

My apologies if it sounded as if it was required.

Edited September 6, 2017 by Suss&Camm

[Illiria 980]

Suss&Camm No worries