USCIS I-485 help.
USCIS Fiancee Visa Adjustment of Status for Green Card
Once the couple marries, USCIS MUST be notified in order to change the Fiancee's status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident. The form to use is I-485, Adjustment of Status. As soon as possible the I-485 should be completed and submitted to USCIS. When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called her "Green Card".
Don't plan to leave the U.S. for your honeymoon. While waiting for the "Green Card" it is best that the Fiancee NOT travel outside of the U.S. . After she receives it she can travel freely.
Advanced Parole:
There may come a need for your Fiancee (now your spouse) to leave the U.S. before the "Green Card" arrives. She should notify USCIS via form I-131 Advance Parole. This will allow her to travel, and reenter the U. S. and to obtain her "Green Card." Should she leave without obtaining the Advance Parole before her Conditional Residency is approved, she may lose her eligibility for residence and be required to start the visa petition process all over again, this time applying for s spousal K-3 visa. It is best she waits until the "Green Card" arrives.
Below is a short youtube video that describes how to get your Fiancee Visa
-
After marrying, an Adjustment of Status (using a USCIS form I-485[2]) must be filed that will convert the
K1 fiancee and K2 children status to that of Conditional Lawful Permanent Resident Status, e.g., a green
card. It can take as long as a year after the filing of a correct I-485 to be invited to a local USCIS Office
for an interview of the Petitioner, K1 fiancee, and any K2 children. The interviewer is essentially
interested in ascertaining if the marriage is legitimate, and will ask questions a genuine couple should have
no issue answering, for example, Who normally does the grocery shopping?, What night does the garbage go
out?, When was the last time your spouse took the day off work?. If the interview goes well, the I-551
green card will arrive in the mail in a few weeks - although post September 11, this time has been increased
due to a backlog in CIA processing of background checks. If the Petitioner or the fiancee does not attend the
Interview, the fiancee will lose legal status and must leave the US.
Expert Tip # 2
Don’t try to get a waiver to avoid the requirement to meet your Fiancee in person. Unless it is incontrovertible that you are not physically able to meet her, attempting to avoid the meeting reflects poorly on whether the relationship is truly sincere. The Fiancee Visa eligibility rules require that you have met your Fiancee in person within the two years prior to your filing your application. The regulations provide a loophole allowing a waiver to the physical meeting. This waiver has been written to allow couples with special circumstances to skip the meeting, specifically if the meeting will cause “unusual hardship” or violates strict cultural or religious practices. If your religion arranges marriages and the bride and the groom are not allowed to see each other till the wedding day, or if you are in an iron lung, then by all means apply for the waiver. However, hating to fly or not wanting to pay for a plane ticket or having a busy work schedule will not result in the waiver being granted. Remember, USCIS needs to be convinced of the seriousness and sincerity of your relationship in order to approve the visa application. One expects a sincere suitor eagerly anticipating spending his future life together with his Fiancee to not miss any opportunity to meet and be with her as early and as often as possible.
More Expert Fiancee Visa Tips
