Options for Foreign Persons Married to or About to Marry U.S. Citizens
Each year we help hundreds of people to become U.S. permanent residents. There are generally four routes, depending upon whether the couple is already married, whether the foreign person is already in the United States, and whether it will be necessary for that person to travel while awaiting adjudication.
1. The K-1 Fiance/Fiancee Visa
If a U.S. citizen and a foreign person intend to marry, then the U.S. citizen can file a petition in the United States for his or her intended spouse to get a K-1 visa to come to the U.S. to apply for Lawful Permanent Residence (otherwise known as a ‘green card’ or ‘I-551’). With the K-1 visa, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have real intent to marry, that the U.S. citizen can financially support the person and their dependent children (K-2s) in his or her household, that the U.S. citizen and foreign fiance have met in person within the past two years (or are exempt from this due to religious or other reasons), and that the foreign fiance is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the petition filed by the U.S. citizen is approved, the foreign fiance must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign fiance is permitted to enter the U.S. for 90 days. The only way a K-1 visa holder can stay in the U.S. beyond this 90 days is by marrying the U.S. citizen who filed the petition. Once the couple receives a marriage certificate, they can file for a green card using the procedure referred to as Adjustment of Status. It is important that a K-1 visa holder not travel outside the U.S. after filing for adjustment of status until they have been issued Advance Parole travel permission or have received their green card.
2. The K-3 Spousal Visa
If a U.S. citizen and a foreign person are already married, then the U.S. citizen can file two petitions in the United States for his or her spouse to get a K-3 visa to come to the U.S. to apply for Lawful Permanent Residence (otherwise known as a ‘green card’ or ‘I-551’). The first petition alone will result in the foreign person going to the consulate in their home country that issues immigrant visas (for Canadians, this means Montreal). See #3 below. For the K-3 visa, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have been legally married, that the U.S. citizen can financially support the foreign person and their dependent children (K-4s) in his or her household, that the U.S. citizen and foreign person have married for love, not purely for immigration benefits, and that the foreign person is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the second petition filed by the U.S. citizen is approved, the foreign person must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign person will be permitted to enter the U.S. for 2 years. Once the foreign person is in the U.S. in K-3 status, they can file for a green card using the procedure referred to as Adjustment of Status, see #4 below. K-3 visa holders may travel outside the U.S. after filing for adjustment of status without the need for Advance Parole travel permission.
3. Permanent Residence through Consular Processing
If a U.S. citizen and a foreign person are already married, then the U.S. citizen can file a petition in the United States for his or her spouse to get Lawful Permanent Residence status (otherwise known as a ‘green card’ or ‘I-551’) directly through a U.S. consulate. Again, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have been legally married, that the U.S. citizen can financially support the foreign person and their dependent children in his or her household, that the U.S. citizen and foreign person have married for love, not purely for immigration benefits, and that the foreign person is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the petition filed by the U.S. citizen is approved, the foreign person must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign person will be granted permanent residence status.
4. Adjustment of Status to Lawful Permanent Resident
Once in the U.S. after any legal entry, a foreign person married to a U.S. citizen, or a foreign person who is the beneficiary of an approved immigrant petition through an employer or any other family member, may file to adjust status to permanent resident. This process is accomplished through the USCIS District Office with jurisdiction over the place of residence of the applicant, either through filing first with a regional service center or a central lockbox facility. Because it is illegal to misrepresent oneself at a port of entry, this process is reserved for individuals who have entered with a visa designed to lead to adjustment of status, such as a K visa, L visa or H visa, or for individuals who have legitimately changed their mind since entering in a status that does not lead to adjustment of status, such as a tourist or student. Stating temporary intent at a Port of Entry and then manifesting any intent to stay permanently shortly thereafter is tantamount to misrepresentation at the Port of Entry.
1. The K-1 Fiance/Fiancee Visa
If a U.S. citizen and a foreign person intend to marry, then the U.S. citizen can file a petition in the United States for his or her intended spouse to get a K-1 visa to come to the U.S. to apply for Lawful Permanent Residence (otherwise known as a ‘green card’ or ‘I-551’). With the K-1 visa, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have real intent to marry, that the U.S. citizen can financially support the person and their dependent children (K-2s) in his or her household, that the U.S. citizen and foreign fiance have met in person within the past two years (or are exempt from this due to religious or other reasons), and that the foreign fiance is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the petition filed by the U.S. citizen is approved, the foreign fiance must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign fiance is permitted to enter the U.S. for 90 days. The only way a K-1 visa holder can stay in the U.S. beyond this 90 days is by marrying the U.S. citizen who filed the petition. Once the couple receives a marriage certificate, they can file for a green card using the procedure referred to as Adjustment of Status. It is important that a K-1 visa holder not travel outside the U.S. after filing for adjustment of status until they have been issued Advance Parole travel permission or have received their green card.
2. The K-3 Spousal Visa
If a U.S. citizen and a foreign person are already married, then the U.S. citizen can file two petitions in the United States for his or her spouse to get a K-3 visa to come to the U.S. to apply for Lawful Permanent Residence (otherwise known as a ‘green card’ or ‘I-551’). The first petition alone will result in the foreign person going to the consulate in their home country that issues immigrant visas (for Canadians, this means Montreal). See #3 below. For the K-3 visa, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have been legally married, that the U.S. citizen can financially support the foreign person and their dependent children (K-4s) in his or her household, that the U.S. citizen and foreign person have married for love, not purely for immigration benefits, and that the foreign person is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the second petition filed by the U.S. citizen is approved, the foreign person must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign person will be permitted to enter the U.S. for 2 years. Once the foreign person is in the U.S. in K-3 status, they can file for a green card using the procedure referred to as Adjustment of Status, see #4 below. K-3 visa holders may travel outside the U.S. after filing for adjustment of status without the need for Advance Parole travel permission.
3. Permanent Residence through Consular Processing
If a U.S. citizen and a foreign person are already married, then the U.S. citizen can file a petition in the United States for his or her spouse to get Lawful Permanent Residence status (otherwise known as a ‘green card’ or ‘I-551’) directly through a U.S. consulate. Again, it is necessary to show that any prior marriages for both persons were properly terminated, that the couple have been legally married, that the U.S. citizen can financially support the foreign person and their dependent children in his or her household, that the U.S. citizen and foreign person have married for love, not purely for immigration benefits, and that the foreign person is not otherwise ineligible for U.S. immigration benefits due to criminal, health or any of the other grounds of inadmissibility. Once the petition filed by the U.S. citizen is approved, the foreign person must get a medical exam and a police clearance certificate, and be interviewed at the appropriate consulate. The consulate will review all of the documents in the case, and if approved, the foreign person will be granted permanent residence status.
4. Adjustment of Status to Lawful Permanent Resident
Once in the U.S. after any legal entry, a foreign person married to a U.S. citizen, or a foreign person who is the beneficiary of an approved immigrant petition through an employer or any other family member, may file to adjust status to permanent resident. This process is accomplished through the USCIS District Office with jurisdiction over the place of residence of the applicant, either through filing first with a regional service center or a central lockbox facility. Because it is illegal to misrepresent oneself at a port of entry, this process is reserved for individuals who have entered with a visa designed to lead to adjustment of status, such as a K visa, L visa or H visa, or for individuals who have legitimately changed their mind since entering in a status that does not lead to adjustment of status, such as a tourist or student. Stating temporary intent at a Port of Entry and then manifesting any intent to stay permanently shortly thereafter is tantamount to misrepresentation at the Port of Entry.
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