Getting married without a K1 visa for an immigrant to married American. Is this possible and if so, what do I need to do? I know that it is legal for a immigrant to get married as long as they are here in the United States for over 60 days. What is the process?
Council Bluffs, Iowa
I'm not sure if you are asking the process to marry. YOu can find the individual state requirements at this link
Or you may be asking what the process is following the Marriage to have that person become legal.
The immigrant must have entered the US on A visa of some kind or have proof of inspection if they came from Canada or Mexico in the form of an I-94 card.
If they have that, this is the process
Here is what you will need: Find instructions for each here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-130 Immigrant Petition (signed by your US citizen spouse)
I-485 Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien - this document permits you to travel during the pendency of your "Green Card" case) DO NOT APPLY FOR THIS IF HERE IN THE US MORE THAN 180 DAYS UNLAWFULLY. DO NOT DEPART THE US UNTIL GREEN CARD IS APPROVED.
G-325A Biographic Sheet (one for wife and husband)
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 of US Citizen spouse
Two passport sized photos of US citizen spouse
Six passport size photos of alien
Copy of alien passport including all blank pages and I-94
Copy of alien birth certificate
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check in the amount of $355 for the I-130
One check in the amount of $1,010 for the I-485/I-765/I-131 packet
The packet get filed at the Chicago Lockbox
You can read about the process at this site http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5aa3e6b0eb13d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=34519c7755cb9010VgnVCM10000045f3d6a1____
Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=54db96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
Question 1: She doesn't need a K1 Visa for us to get married in the United States?
Question 2: For instance, she is arriving exactly 60 days in the States before our actual date of getting married. I heard that the immigrant must be in the States for at least 60 days to be ok to get married to a US Citizen, is this true?
Question 3: If everything goes as plan, how long after we get married does it take for her to apply for residence and a work permit?
#1 No, if she enters the US as a visitor and changes her mind and decides tp get married and stays, she doesn't need a K visa to marry.
#2 the 30/60/90 day theory is often applied to determine whether the 'tourist' had a fraudulent intent upon entry.
The rule is if you apply for adjustment of status within 30 days of entry, there is an almost unrebuttable presumption that you had a immigrant intent when you entered as a tourist and hence are deemed to have committed visa fraud. Between 30 and 60 days, the presumption is rebuttable. Between 60 and 90 days the rebuttable presumption reverses and unless the Immigration service has knowledge that the intent was preconceived, it will grant the adjustment of status. After 90 days, the issue is hardly ever raised.
#3 see above #2. then once married can file the next day.
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