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Fay.Liu

Process after fiancee arrival to US

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Hi,

My fiancee has already gotten the green light and has received the visa to come to the US. I know we have to get married within 3 months of her arrival. Is a wedding ceremony required within that 3 months or is filing a marriage certificate/license enough? I ask this because my fiancee is Catholic and I am in the process of being inducted into the Catholic church. The process will take roughly 8 months and we were hoping to do the ceremony itself after I have finished. Also, at the moment we are a little tight on finances and was hoping to be able to save up a bit more before we organize the ceremony and reception. Also what other processes are there after arriving to the US besides getting married within 3 months, getting green card, and citizenship? I also have heard there is a second interview/follow-up to check on the status of the married couple, can anyone confirm that please and is there a rough time frame when they usually do that?

Thank you

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You have to be legally married.

This means you have to have an officiate, perform a wedding ceremony and sign the wedding license. My fiance and I are doing a courthouse wedding to appease immigration and then proceeding to do our "real" wedding and ceremony in July of 2015, we will celebrate our anniversary on that July, rather than the date on the license.

After you are married you need to file for an Adjustment of Status (AOS), this is to provide your fiance (or husband at the time) with a greencard. The AOS will require a second interview. The process typically takes about a year, and the fee is around $1050.00 -- it may have changed, so you'll want to double check. I would recommend using a paperwork service if you're super worried... i used RapidVisa, and they're wonderful, and relatively inexpensive.

It is recommended that you file for advance parole (AP) and a worker's permit (I don't recall the official name) along with your AOS, to allow him to work and if necessary leave the country. If he leaves the country without an AP his application for a greencard will be considered abandoned and he will not be allowed to re-enter the country.

If he works without a worker's permit he will be in violation of the immigration laws and can be deported for it.

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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Per the K-1 you and your fiancé agreed to marry within 90 days of his arrival. If you don't he will be out of status. You can have a small wedding, we did the courthouse thing, and later have the big ceremony but you must marry within 90 days of his arrival. If you don't he is out of status and subject to deportation. Also if you marry after the 90 days you have to do a concurrent filing of the I-130/I-485.

You should try to file for AOS prior to the I-94 expiring, 90 days after arrival, as this will give him status to remain in the US while the paperwork is processing. The cost for AOS is $1070 last time I checked and the application for the work permit (EAD) and advance parole (AP) so he can leave the US and return are free with the AOS filing.

You may or may not have an interview is you comply with the K-1 requirements, marry in 90 days and file AOS. His green card will be good for two years. Then, 90 days prior to the expiration of the green card you file to remove conditions. You will pay more money and send lots of proof of your on-going relationship. You may or may not have an interview. If approved he receives his 10 year green card.

After he has been an LPR for 3 years, provided the two of you are still married, he can apply for US citizenship.

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