Bringing your fiancé to the United States and subsequently adjusting their status is an important and often complex process. It requires careful planning, adherence to legal requirements, and an understanding of potential pitfalls. This essay aims to outline the steps involved in bringing your fiancé to the USA and the subsequent process of adjusting their status, while also highlighting potential challenges along the way.
I. Bringing Your Fiancé to the USA: A. Fiancé(e) Visa (K-1):
File a Petition: The U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS) (8 U.S.C. § 1184(d)).
Approval of Petition: Once the petition is approved, it is forwarded to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate in the fiancé(e)'s home country (8 U.S.C. § 1201(a)(4)).
Visa Application: The fiancé(e) must apply for the K-1 visa at the U.S. Embassy or Consulate, including an interview and submitting necessary documents (8 U.S.C. § 1201(a)(4)).
Medical Examination: The fiancé(e) must undergo a medical examination by an approved physician (8 U.S.C. § 1184(d)).
Visa Issuance: If approved, the K-1 visa is issued, allowing the fiancé(e) to travel to the United States (8 U.S.C. § 1201(a)(4)).
II. Entry and Marriage:
Entry to the United States: The fiancé(e) must enter the United States within the validity period of the K-1 visa (8 U.S.C. § 1184(d)).
Marriage: The couple must get married within 90 days of the fiancé(e)'s arrival in the United States (8 U.S.C. § 1184(d)).
III. Adjusting Status in the USA: A. Filing for Adjustment of Status (AOS):
Form I-485: The foreign fiancé(e) must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust their status to that of a permanent resident (8 U.S.C. § 1255(a)).
Supporting Documentation: The applicant must provide supporting documents such as a marriage certificate, financial evidence, medical examination results, and more (8 U.S.C. § 1255(a)).
Biometrics Appointment: The applicant is required to attend a biometrics appointment to provide fingerprints, photograph, and signature (8 U.S.C. § 1356(a)(1)).
Employment Authorization and Travel Document: The applicant can apply for an Employment Authorization Document (EAD) and a travel document (Advance Parole) while the AOS application is pending (8 U.S.C. § 1252(a)(1)).
IV. Interview and Decision:
Adjustment of Status Interview: USCIS may schedule an interview to evaluate the bona fides of the marriage and verify the accuracy of the submitted documents (8 U.S.C. § 1255(a)).
Conditional Green Card: If approved, the foreign spouse is granted a conditional green card valid for two years (8 U.S.C. § 1186a(a)).
Pitfalls of Adjusting Status in the USA:
Complexity: The adjustment of status process can be complex, requiring meticulous attention to detail and adherence to strict deadlines.
Financial Burden: The fees associated with filing and processing the adjustment of status application can be significant.
Lengthy Processing Times: The processing times for adjustment of status applications can vary, leading to uncertainty and potential delays.
Potential Denial: If USCIS finds discrepancies or believes the marriage is not bona fide, they may deny the adjustment of status application, leading to potential removal proceedings.
Therefore, bringing your fiancé to the USA and adjusting their status is a multi-step process that requires careful planning, adherence to legal requirements, and thorough documentation. It is essential to be aware of potential pitfalls and challenges, such as the complex nature of the process, financial burdens, and the possibility of denial of the adjustment of status application. By understanding the necessary steps and being prepared, couples can navigate this process successfully and achieve their goal of living together in the United States.
Call a trusted immigration attorney, such as myself, 408-580-4466, to learn more about this process.
