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  • Staying in the states after marriage

    Is there a way to be able to stay in the US after getting married to my US citizen fiancee? I heard that if you get in the USA with K1 visa, you have to go back to your country until the Immigrant visa is done..........

  • #2
    No it is just the opisit.
    If you have entered the US on a K1 visa and get married you MUST STAY IN THE US untill you get your adjustment of status (AOS, green card). If you need to leave the US before you get your green card you can apply for an advanced parole

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    • #3
      Detty,

      Your post is a little confusing. If you are already in the US on your K1 visa, that means your visa is already approved and issued to you. There is nothing else that needs to be done for the visa. If your K1 visa is not approved yet, you legally cannot get married first, whether in the US or anywhere else. The K1 visa is strictly for you to enter the US to marry your fiance.

      After you marry your fiance in the US, the next thing you have to do is Adjustment of Status, which is the process for obtaining your green card.

      So do you or do you not have the K1 visa?

      Cheers.

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      • #4
        a new question...

        once you are in the usa with a k-1, and you have gotten your 2 year green card what is the process to obtain the 10 yar green card??? my friend has less than 1 year until her 2 yr green card expires, and she wants to get the 10 year so she can become a citizen... how does she do that after she gets the 10 yr green card. i assume her husband HAS to attend the interview to get the 10 yr. is this absolute?? he is threatening now not to go with her unless she is absolutely obedient and she is unhappy but wants to stay in the usa.

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        • #5
          She and her husband have to complete and submit Form I-751 to remove the conditions of her residence. The two-year green card that she has now reflects Conditional Permanent Residency. She must apply during 90 days BEFORE the expiry date on her green card.

          She can get the form here: http://uscis.gov/graphics/formsfee/u...orms/i-751.htm

          Detailed information on the process may be found here: http://uscis.gov/graphics/howdoi/remcond.htm

          There is a section on getting a waiver of the requirement to file a joint petition, but she has to have solid proof of extreme hardship.

          The process where a resident becomes a citizen is called naturalization. The form is called N-400 and she may find it here: http://uscis.gov/graphics/formsfee/u...orms/n-400.htm

          Read more about naturalization here: http://uscis.gov/graphics/services/natz/index.htm

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