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What is marriage-based adjustment of status?
When you adjust your status based on your marriage to a U.S. citizen (for example, being a B-2 overstay), you adjust from having one type of status to being a lawful permanent resident (that is, you get a "green card").
How do you file for adjustment of status based on your marriage to a U.S. citizen?
In order to adjust status, you must first be in the U.S. On its website, USCIS states that "You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you." USCIS website visited July 5th, 2005: http://uscis.gov/graphics/howdoi/LPReligibility.htm .
Or, you can just pick up the phone and call Tom Youngjohn for a free phone consultation to
discuss the details of your case.
How much does it cost to get a marriage-based adjustment of status?
Tom Youngjohn, Attorney at Law, charges $1,300 for a standard marriage-based adjustment
when it is in the Puget Sound area, when there are no children or waivers or interpreters
involved. This amount excludes costs and expenses like filing fees.
What is a K-l visa?
A K-l visa is a non-immigrant visa. You can get it for your fiance(e) to come into the U.S. if
you are a U.S. citizen planning to get married to a foreign national.
Is your fiance(e) eligible for a K-l visa?
Your fiance(e) can get a K-l visa if you are a United States citizen and you have met your
fiance(e) in person within the last two years. If your fiance(e) has children who are under 21,
they may come with her/him to the U.S. if you get them a K-2 visa, which is intended for minor children who accompany their parents into the U.S.,
How can you get a K-l visa?
You must file a form called I-129F with the U.S. Citizenship and Immigration Services (USCIS, formerly called the INS). This form cannot be filed at a U.S. consulate. You can get the form on USCIS' website, which is http://uscis.gov/graphics/formsfee/forms/index.htm. There is a filing fee.
You must provide proof of the following three things:
1. You intend to get married within 90 days of entering the U.S.
2. There are no legal problems that would prevent you from marrying your fiancee,
such as an already-existing marriage, or that being too young to get married.
3. You have met your fiance(e) face-to-face within two years of filing the petition.
Note: this requirement theoretically can be waived if: 1) you can show extreme
hardship (that it was impossible for you to meet due to some important
circumstance) or, 2) that it is customary in your culture for fiancees not to meet
each other before they get engaged. However, if either of these are true for your
case I would suggest that you hire a different lawyer.
You must compile evidence of your relationship with your fiance(e) as well as evidence
regarding your financial status. See below for a handy tip regarding evidence of relationships.
**If you do not file the petition properly, your case will be delayed and will not go well. It is recommended that you hire an attorney to assist you in this process.
If your petition is approved, it goes on to the appropriate U.S. consul. The U.S. consulate re-determines whether the fiance(e) is eligible for a visa. This fact, that the State Department actually re-determines whether the fiance(e) is eligible for the visa, is why hiring a lawyer to properly prepare the case is critical to the process.
Can your fiance(e) work in the U.S. ifs/he has a K-l visa?
Yes, with a K-l visa, you are authorized to apply for work authorization in the U.S.
Can you adjust status from your K-l visa to become a Legal Permanent Resident?
After you get your K-l visa and come to the U.S., you are eligible to adjust status to become a green card holder, but you must apply. It doesn't happen by itself. See marriage-based
adjustment of status, above.
What is a K-3 visa?
A K-3 visa is a non-immigrant visa that you can get for your spouse, assuming that you are
already married to a foreign national who is not already in the United States.
How do you get a K-3 visa?
You must be a U.S. citizen married to a foreign national. You must file an 1-130 petition for
your spouse. There is a filing fee. Make sure to use the correct edition of the form. After you
obtain the receipt for the 1-130 petition, you then file Form I-129F with the Chicago Lockbox (National Benefits Center). Make sure to use the correct edition of that form as well..
You must collect documentation of your relationship to your spouse and evidence of your
financial status.
Handy tip: Emails and telephone calls are good evidence of your relationship. To prove your relationship, save or print the emails that you exchange. Also, do not use a phone card when calling your beloved, because it is difficult if not impossible to get the records of who you called using your phone card. Instead, use a cell phone or regular phone where you receive a bill detailing the numbers you have called and the length of the call. This is important evidence to prove your relationship.
**If you do not file the petition properly, your case will be seriously delayed and might be
denied. It is best to hire an attorney to assist you in this process.
Children of the foreign national who are under 21 years of age can come to the U.S. with the
foreign national if the foreign national is their parent. You do not need to file a separate petition for them.
If you married your spouse outside of the U.S., you must apply for the K-3 visa in the country where you were married, or, if there is no consular post in that country, at a post designated by the U.S. State Department. After you file the 1-130 and receive a receipt, you should file an I-129F at the National Benefits Center.
Will your spouse have work authorization ifs/he receives a K-3 visa?
Your spouse must apply for employment authorization. Once your K-3 spouse is in the U.S., I highly recommend that you immediately apply for the green card (adjustment of status) and work authorization. Please see the information about marriage-based adjustment, above.
What are the differences between K-l and K-3 visas?
Depending on the wait times for these two different visas, you may find that the process of
coming to the U.S. is a lot faster for one visa or the other. For a K-3 Tom Youngjohn normally charges $1,300 in attorney's fees. For a K-1 Tom Youngjohn normally charges $900 in attorney's fees.
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