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)

• 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.”  

  • 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

2. Approval & NVC

3. Visa Application & Interview

4. Enter the U.S.(If approved), then get your Green Card.

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

1. Get Married

2. File Concurrently

3. Biometrics Appointment

4. Interview

5. Green Card Time!

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.