A U.S. citizen has two options when considering how to get legal status for his/her love one – marriage fiance visas:
Immigrant Spouse Inside the U.S.: If the immigrant spouse to the U.S. citizen is currently inside the United States and has proof (visa or I-94) of lawful entry into the U.S., then the spouse may apply for adjustment of status. If the spouse of the U.S. citizen has overstay and is unlawful in the U.S., then he/she is still eligible for adjustment of status and can apply for a green card or lawful permanent resident status in the U.S. Once all the immigration petitions and supporting docuements are submitted to U.S. Citizenship and Immigration Services, an interview will be scheduled in about three (3) months for the U.S. citizen and his/her immigrant spouse.
Immigrant Spouse Outside the U.S.: If the immigrant spouse to the U.S. citizen is currently outside the United States, then after the Form I-130 is approved and processing is complete at the Visa Center, the file will be sent for consular processing. Consular processing is when U.S. Citizenship and Immigration Services works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel to the U.S. on the visa and will officially become a permanent resident when admitted at a U.S. port of entry.
The K-visa categories for fiance visa of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created so fiancé(e)s can be spared a long separation from their intended spouse. Upon entry to the U.S., fiancé(e)s must marry their U.S. citizen spouse within 90 days and file for adjustment of status in order to get your green card and to remain legally in the United States.
For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
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