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Our answers are not intended to be technical explanations of the law but rather, plain talk answers to real life concerns.
However, there are some general rules that apply in most cases. as quickly as possible is the couple's single overriding concern, a K-1 fiancée visa usually satisfies this objective the best. While none of these additional applications is excessively complex, they do take time to work their way through the system, ultimately resulting in approval of Permanent Resident status.
The "right" answer depends a great deal on the individual circumstances of the couple, their priorities and, in some cases on whether the alien fiancée already has unmarried, minor children. If the marriage does not occur within 90 days of entry, the alien fiancée must leave the U. However, if the marriage occurs within 90 days of entry, the alien may then apply for Adjustment of Status to obtain her Permanent Resident status (a "green card").
Your immigration attorney, after exploring the specific facts of your case and discussing your objectives with you, can advise you on the relative advantages and disadvantages of each course of action, as it relates to your individual circumstances. Please note, that this requires the filing of an additional application and, if the alien wishes to work or, travel outside the U. during the pendency of her application to Adjust Status, separate applications must be filed for those benefits.
Although there are many different categories of family based immigration, the most common, by far, are fiancée and spouse cases.
The following FAQ are representative of questions that are, in fact, frequently asked by prospective clients.