Adjustment of Status (Form I-485)

If you and your spouse are in the USA, you can get a Green card by filing for an Adjustment of Status (Form I-485). Your foreign spouse must have entered the USA legally for this marriage visa process to work. Marrying in the United States using the Adjustment of Status process is one of the most common ways couples can ensure they can stay together and still get their Marriage Visa. It is very important you understand this adjustment of status process, otherwise your Marriage Visa may get denied.

Time to Obtain Green Card: 4-5 months from date of filing.

Marriage Visa via Consulate (K3 Spouse Visa)

If your spouse is NOT in the USA and you two are married, you can obtain a K3 Spouse Visa. You cannot obtain a Fiance Visa (K1 Visa).You would obtain the K3 Marriage Visa by filing the appropriate paperwork for the marriage visa through the US Embassy in your spouse’s home country. Your spouse will be interviewed at the Embassy and upon approval may travel to the USA. Upon inspection and admission to the US, your spouse will enter the United States to adjust her status. This, however, is a longer process than obtaining a marriage in the USA and a fiance visa (K1).

Time to Obtain Green Card: 11 months from date of filing. (7 months until spouse can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card).

Fiance Visa (K1 Visa)

If your fiance is NOT in the USA, you can obtain a Fiance Visa (also known as a K1 visa) which allows your future spouse to enter the country for 90 days and have a marriage in the USA. You can then start the marriage visa process and file an adjustment of status (Form I-485).

Remember, to apply for a Fiance Visa you cannot be married yet. If you are married, then you need one of the other two marriage visa options: Adjustment of Status or K3 Spouse Visa.

Time to Obtain Green Card: 10 months from date of filing. (6 months until your fiance can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card).

Marriage Visa via Consulate (CR1 Visa)

If your foreign spouse is NOT in the USA and you are already married, you need to decide how to obtain the Green card. You can choose the “immigrant CR1 visa” or the faster “K3 Spouse Visa”. With the CR1 visa you will complete all the paperwork overseas and your spouse will enter the U.S. with full rights as a permanent resident. This will take longer but no filing is done once they arrive in the U.S. You do not need to complete an Adjustment of Status for the CR1 Visa.

CR1 Marriage visa is similar to the K3 Marriage Visa but you will be separated from each other longer with this CR1 marriage visa option. You will receive your green card with either option.

Time to Obtain Green Card: 12 months from date of filing. (Spouse cannot enter the U.S. until all the paperwork is completed abroad).

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