Trumps new green card policy effect on k1 (Topic Locked in Lieu of existing thread)

[tseth15 1]

Does trumps new green card policy apply to k1 visa? Cause after a us citizen gets married to a foreigner on a k1 visa, will the foreigner have to go back home to apply for the green card? Or can they stay in the us while waiting for the green card

Edited 1 hour ago by Crazy Cat

[snewbery 24]

Good question and apparently there is still a lot of confusion on this topic as it relates to K-1 visa holders already in the USA. Here's what ChatGPT had to say:

 

What the law and USCIS regulations still currently allow

K-1 holders who properly entered, married the petitioner within 90 days, and are otherwise admissible can still file adjustment of status inside the U.S.

For K-1 holders specifically, this matters because forcing consular processing abroad could create major problems:

• separation from spouse,
• uncertainty about reentry,
• triggering unlawful-presence bars for some people,
• inability to work in the U.S. while waiting,
• and exposure to consular denials abroad.

That’s why immigration attorneys are reacting strongly to the memo. AOS for spouses of U.S. citizens has been a standard path for decades.

So at the moment, the “return to your country” issue is best understood as:

• a serious proposed enforcement direction/policy interpretation,
• not yet a blanket legally settled requirement for all K-1 green card applicants.

 

 

 

 

 

 

 

 

 

[Crazy Cat 46,648]

***This topic is locked in lieu of an existing thread linked below.  Continue discussion there***

 

 

Edited 1 hour ago by Crazy Cat