Consequences of Marriage When Waiting For K-1 Fiance Visa

I filed a K-1 Fiance Visa for my fiancé in the Philippines a few months ago.  I visited her a couple of weeks ago and while I was there, on the spur of the moment, we decided to get married.  Can I proceed with the K-1 Fiance Visa?

 Unfortunately, because you got married your previous fiancée is no longer your fiancée .  She is now your wife.  As such, you no longer qualify to apply for a K-1 fiancee visa.

In order to bring her over to the United States you will need to file a I-130 petition.   The process should take about a 13 to 18 months to complete.  However, the time it takes to process these types of cases varies by country and it also changes due to the amount of cases filed and the amount of scrutiny USCIS gives to the cases.

The good news is that, if successful with the I-130 case, your wife will enter the United States with a green card.  As a result you will not need to do an adjustment of status case in order to obtain her green card, once she arrives in the United States.  This will save you from having to file a second immigration case for your wife in order for her to obtain a green card.  You will also save additional USCIS filing fees etc.

In addition, your wife will be able to work immediately.  With a fiance visa your wife would have to wait until she would be able to work.  The wait time would likely be 3-6 months from when you file your adjustment of status case so your wife can obtain her green card.

You should review your situation with an immigration attorney to see which option would be the best option for you.

For more information about the fiance visa process please read: “Top 10 Things You Should Know About the Fiance Visa Process”

Lawrence Gruner is a Sacramento based immigration lawyer whose office handles primarily fiance visa cases and marriage based green card cases.  His office would be happy to talk to you, free of charge, about all of your Immigration options.

If you have further questions please feel free to contact our office at 888-801-6558 for a free consultation.  We have clients in California, the United States and throughout the world.

Disclaimer: The information provided on this site is not legal advice but general information only. Laws can and do change. Additional laws can apply in your situation. Therefore, you should ALWAYS seek legal advice about your case. This article is only a basic introduction to this issue. Please talk to an attorney about your specific case.


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    • S. Lucas
      TEMPORARY VISA
      img

      Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

    • L. Alvarado Jr.
      IMMIGRATION LAW
      img

      I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
      Thank you Mr. Gruner and Mr. Marachi!!

    • M. Obregon
      IMMIGRATION LAW
      img

      Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

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      Can I work If I Enter the United States with a K1 Visa?

      Work with a K1 visa

      If you enter the United States with a K1 fiance visa then you are eligible to apply for work authorization.  The key word here is apply.   You can apply to obtain your work authorization card.  However, you cannot work until you have obtained your work authorization aka “work permit” from USCIS.

      This work authorization you receive will only be valid for 90 days.  It will likely take you at least 90 days, after you apply,  to receive the card.  Therefore, it is likely that the work authorization card would expire either before or shortly after receipt.

      Work authorization after applying for your green card

      A better choice would be to get married to the United States Citizen who sponsored you on the K1 and then apply for your permanent residence (green card).   This is done via the adjustment of status process.

      At the same time you apply for adjustment of status you may apply for your work authorization card from USCIS.  In Northern California it is currently typically taking between 3-6 months to receive the work authorization card.

      There is no rhyme or reason concerning how long it will take to receive the work authorization card.  Some applicants just happen to receive their work authorization card sooner than other applicants.  Also, the 3-6 months is a typical result.  We have had a few outliers.  Some of our clients have received their card in less than 3 months and a few have received it in over 6 months.

      This work authorization card you receive from USCIS while applying for adjustment  of status will be valid for one year.  However, your green card application should likely be processed within this one year period .

      Once you receive your green card you can work using the green card only (i.e. there is no need for the work authorization card).  You can simply provide a copy of your green card to prospective employers.

      For more information about the fiance visa process please read: Top 10 things you should know about the fiance visa process , fiance visa processing time and  fiance visa denial rates.

      Lawrence Gruner is a Sacramento Fiance Visa Attorney and a Sacramento Green Card Attorney with over 20 years of experience.  He handles Immigration cases throughout California, the United States and the World.  He may be reached toll free at 888-801-6558 or you may email him at attorneygruner@gmail.com    He would be happy to talk to you, free of charge, about your immigration case.

      This article is just a basic introduction to this topic.  Laws and timelines do change in immigration cases. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

      TELL US ABOUT YOUR CASE

      REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

        YOUR PRIVACY IS
        IMPORTANT US

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        • S. Lucas
          TEMPORARY VISA
          img

          Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

        • L. Alvarado Jr.
          IMMIGRATION LAW
          img

          I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
          Thank you Mr. Gruner and Mr. Marachi!!

        • M. Obregon
          IMMIGRATION LAW
          img

          Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

        SEE ADDITIONAL TESTIMONIALS

        TELL US ABOUT YOUR CASE

        REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

          YOUR PRIVACY IS
          IMPORTANT US

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