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Immigration Law

"To marry a U.S. citizen"

To marry a U.S. citizen

1. Marry in the U.S. and change the status in the U.S.

If you are married to a U.S. citizen in the United States, you will be required to apply for permanent residency. Since the marriage received by the marriage is a conditional green card valid for two years, the marriage must be renewed 90 days before the two-year anniversary. You can change your status as a permanent resident in the US even if you have a record of illegal stay or illegal employment. Please note, however, that this benefit does not apply to spouses of permanent residents.

2. Marriage After Entry into the U.S. through a Fiancé’s Nonimmigrant Visa (K-1)

The main reason for getting a fiancé visa is that 1) the U.S. citizen can proceed without having to come to Korea (fiancé’s home country); 2) the foreign fiancé can get a visa regardless of whether he or she is married the U.S. citizen; and 3) if he / she decides not to marry in the U.S., they just can go back to Korea (their home country).

The most basic requirement for K-visa to be invited as a fiancé is that they have met at least once during last two years before the U.S. citizen’s inviting. If you can prove this condition, a U.S. citizen will submit an I-129F application in the U.S. to the USCIS for approval. When the US Embassy in Korea (fiancé’s home country) receives the approval document, it notifies the fiancé who lives in Korea and sends the interview date. The question to ask in detail when interviewing is how and where the two people came to know. If there is a picture taken at the time of the engagement ceremony or a letter exchanged with each other, it is recommended to bring this to the interview examiner. If the fiancé has children under the age of 21, the children may enter the United States on a K-2 visa.

A person who enters the United States with a fiancé (K-1) must marry a citizen within 90 days. If you do not get married within 90 days, or if you marry someone other than the U.S. citizen who invited you, you will be given a deportation order. If you are married within 90 days, you will be eligible to become a permanent resident only after you have submitted an I-485 with an attached marriage certificate to change your status.

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3. After marriage in Korea (or a third country), Enter into the U.S. with a conditional green card (i.e., CR1)

If a K1 visa is a U.S. citizen's fiancé who is married to a US citizen before marriage is filed, the CR1 visa is a "spouse" visa that can be applied as a spouse of a US citizen after the marriage has been filed in Korea. To apply for CR-1 with the invitation of a spouse of a US citizen, you must proceed with marriage registration. Marriage registration of a U.S. citizen and a foreigner is conducted through the US Embassy, ​​and additional documents such as affidavit of eligibility of marriage must be submitted, which can be obtained at the embassy. You will be able to enter the US as a conditional permanent resident if you submit these documents and the I-130 and receive an approval and an embassy interview.

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Sky Law Firm


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La Mirada, CA 90638

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