Skip the K-1: Green Card Path for Your Fiancé(e)

Thinking of tying the knot with your love who lives abroad, but want to skip the K-1 fiancé(e) visa hassle? You might have options! In some cases, you can sponsor your fiancé(e) for a green card directly, meaning they can become a permanent resident without first getting a K-1 visa.

Here's the breakdown:

Getting Married Outside the U.S.:

1. Marry First, File Later: Say "I do" outside the U.S., then file Form I-130 (Petition for Alien Relative) to sponsor your spouse for a green card.

2. Consular Processing: Once approved, your spouse applies for an immigrant visa at a U.S. consulate in their home country. They won't need to leave the U.S. during this process.

Getting Married Inside the U.S.: (They must already be here legally)

1. Get Hitched & File Together: After your wedding, file Form I-130 and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. This is called "concurrent filing."  

   1. mx.usembassy.gov

   mx.usembassy.gov

2. Adjustment of Status: This allows your spouse to become a permanent resident without leaving the U.S.

The Steps Involved:

Marrying Outside the U.S. (Consular Processing):

1. File Form I-130: This petition tells USCIS you want to sponsor your spouse.

2. Approval & NVC: Once approved, USCIS sends your case to the National Visa Center (NVC) for further processing.

3. Visa Application & Interview: The NVC will contact your spouse with instructions and schedule an interview at a U.S. consulate in their home country.

4. Enter the U.S.: If approved, your spouse gets an immigrant visa and enters the U.S. They'll receive their green card by mail shortly after.

Marrying Inside the U.S. (Adjustment of Status):

1. Get Married: This is the most important step! Make it official.

2. File Concurrently: Submit Form I-130 and I-485 together, along with other necessary forms.

3. Biometrics Appointment: Your spouse will be fingerprinted, photographed, and have their signature taken.

4. Interview: USCIS will schedule an interview to review your application and confirm your marriage is legit.

5. Green Card Time!: If approved, your spouse becomes a permanent resident with a green card!

Important Things to Remember:

• Legal Entry: Your fiancé(e) must have entered the U.S. legally to adjust their status.

• Visa Issues: Past overstays or visa violations can complicate things. Consult an immigration attorney if this applies to you.

The Benefits of Direct Green Card Sponsorship:

By skipping the K-1 visa, you might save time and avoid extra paperwork. However, it's crucial to meet all legal requirements. Consulting with an immigration attorney can ensure a smooth process, especially if your situation is complex.

Ready to get started? Check out the resources below for more details on the forms you'll need to file:

• USCIS Form I-130: https://www.uscis.gov/i-130

• USCIS Form I-485: https://www.uscis.gov/i-485