by Art Saborio
A few months ago I received an email from a man that was going through the marriage visa process. He had successfully acquired the K1 Visa and then proceeded to apply for the I-485 Adjustment of Status to Immigrant U.S Resident. This is what is known as the green card marriage or going from the K1 Visa into the green card process. It allows a spouse that has come from a foreign land to remain in the USA for a period of two years. It is conditional, but as long as the foreign spouse remains married, no immigration issues will can present themselves.
Ok back to the story. During the I-485 Adjustment of Status process, the USCIS recommended that his wife leave the country. Her visa had run out and the adjustment of status process was not yet started. It seems that the man took too long to start the process.
Instead of leaving the country the wife remained in the USA with her husband. Now they knew how and when they should apply for a green card, but it took the USCIS notification for them to start the I-485 Adjustment of Status process. At this point they were in a hurry to get the green card. The USCIS had already informed the foreign wife that she had to leave the country.
In the middle of getting the green card, the USCIS started the process of deportation. To make a long story short, the couple was never granted the green card and the wife was deported. How could have this been avoided?
The main thing you never want to do when bringing your fiance(e) to the USA is take your time getting your paperwork buttoned up. It can be an exciting time. Some times the little things like getting your immigration paperwork completed can be put on the back burner. I suggest having a immigration plan once your fiance(e) arrives through a K1 Visa. This plan can save you from having major immigration issues.
You may be wondering how long does it take to get a green card? Some are surprise to hear that it can take many months. Often times it can take 3 or 4 months to even get the interview appointment. The wait time is similar to the k1 visa processing time. It all depends on the size of the city you live in and how many people are applying to that particular USCIS office. The more k1 fiance/k1 fiancee visa immigration to your city, the longer it takes to get an appointment.
It is not the most romantic things to do, but creating a plan of action will avoid any issues like immigration deportation or USCIS denials. An immigration action plan can have many areas to it. You can go about it in one or many ways. Insure that you make this plan together. It will be harder to implement the plan if your fiance(e) does not approve or know about it.
I kind of like couples to work around two basic areas. The first area is the completion of the K1 Visa. Now you are probably thinking to yourself, my fiance(e) is here in the U.S.A on a marriage visa, what more do I need to do? There are two things you need to do. One is ensure you have all the paperwork that the USCIS will need to process the next step which is the green card. Most of the same documentation you submitted for the K1 Visa will be needed for the green card. Don’t throw anything away.
Secondly I like couples to take a look at when they will get married and start on the green card process early. Have a plan of action once your fiance(e) arrives. Know when you will be getting married. Make it nice, but do it quickly. Have your green card documentation prepared and ready to go. Once you get your marriage certificate you should be ready to send in your I-485 application.
Most couples do not realize how much work goes into the I-485 adjustment of status process for the green card. Most are shocked to see how many USCIS forms and supporting documents are needed and how much work needs to be done before they can submit the I-485 application.
To summarize:
1. Have a plan before your fiance(e) arrives. Create the immigration plan together.
2. Complicated long wedding processes are not recommended. Do it simple and quick.
3. Prepare the I-485 adjustment of status green card paperwork early.
Following these simple guidelines will ensure you meet all your time lines and avoid a deportation.
