Change of Status

Change of Status
K1 Visa Philippines
Approval Rating 99.8%
5/5

Reuniting Couples Since 2003

Get our K1/K2 Change of Status Package $350.

Our one-time-fee is $350.

 

Whats included:

 

  • A free video or voice call can be done by appointment on Viber, WhatsApp, Skype, or Facebook Messenger if you like.


  • This package also includes one K2 Child, but if you have additional K2 Children there is an additional fee of $75.


  • We will gather all of the required information though our online biodata to be used on all of your USCIS forms.


  • If in the unforeseen event USCIS where to send an RFE – request for evidence,  then we will assist you in order to resolve the request.


  • All of out communication and finished work will be submitted via email in pdf. format with detailed step-by-step instructions.


  • You the sponsor and beneficiary are responsible for placing everything together per our instructions and getting it in the mail to the proper USCIS address.


  • We will complete the following applications accurately including all required supplemental letters. G-1145, I-485 Cover Letter, I-485 AOS, I-765 Employment Authorization, I-131 Advance Parole,


  • The Couples will be able to communicate with us at any time about their process and to get answers to their questions or concerns.


  • Our fee of $350. does not include the government fee paid to USCIS of $1,225. this fee is for ages 14-78. Ages 13 below only pay $750.

K1 Fiancée and a Change of Status

A K1 fiancée visa, also known as a K1 visa, is a nonimmigrant visa that allows a foreign national fiancée or fiancé of a U.S. citizen to enter the United States for the purpose of getting married.

 

Once the marriage takes place, the foreign national can then apply for a change of status to become a lawful permanent resident, also known as obtaining a green card.

 

The process starts with the U.S. citizen filing a petition on behalf of their foreign fiancée with the U.S. Citizenship and Immigration Services (USCIS).

 

The petition requires evidence of a genuine and bona fide relationship, including proof of meeting in person within the past two years, intent to marry within 90 days of entering the U.S., and compliance with other eligibility requirements.

 

After USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for further processing.

 

The NVC will then schedule an interview at the U.S. embassy or consulate in the foreign fiancée’s home country.

 

During the interview, the foreign fiancée will undergo a medical examination and be questioned regarding their relationship with the U.S. citizen petitioner.

 

If the visa is approved, the foreign fiancée will receive a K1 visa and can enter the United States.

 

Once inside the U.S., the couple must get married within 90 days.

 

After the marriage, the foreign national can apply for adjustment of status to become a lawful permanent resident.

 

The adjustment of status process involves submitting various forms and supporting documents to USCIS, including an application for permanent residence, affidavit of support, medical examination, and evidence of a bona fide marital relationship.

 

USCIS will review the application, conduct background checks, and possibly request additional evidence or an interview.

 

If approved, the foreign national will receive a conditional green card, valid for two years.

 

After two years, the couple will need to file a joint petition to remove the conditions on the green card to obtain a permanent green card, which is valid for 10 years.

 

It is essential to note that the process can be complex, and navigating through the immigration system can be overwhelming.

 

It is recommended to seek guidance from an experienced immigration attorney to ensure a smooth and successful transition from a K1 fiancée visa to a change of status as a lawful permanent resident.

 

K1 Change of Status Updated 2023

Failure to Adjust After the Marriage

What would happen if a K1 Fiancé fails to Adjust their Status after Marriage?

 

If a K1 fiancé fails to adjust their status after marriage, there are a few potential consequences that they may face:

 

1. Loss of Legal Status:

The K1 visa is a non-immigrant visa that allows a foreign national to enter the United States for the purpose of marrying a U.S. citizen within 90 days.

 

If the fiancé fails to adjust their status to that of a lawful permanent resident (green card holder) within the specified time frame, their legal immigration status could be at risk.

 

This means that they may become unlawfully present in the country, which can have serious consequences, including being subject to deportation.

 

 

2. Ineligibility for Benefits:

 

Failing to adjust status can also result in the loss of various benefits and privileges available to lawful permanent residents.

 

These benefits might include the ability to work legally in the United States, access to healthcare services, eligibility for driver’s licenses, and the opportunity to petition for family members to immigrate to the U.S.

 

 

3. Difficulty in Future Immigration Processes:

 

Failing to adjust status can complicate future attempts to legalize one’s immigration status.

 

It may result in difficulties applying for other visas, such as work visas or visitor visas, as immigration authorities may question the individual’s intentions and adherence to immigration laws.

 

 

4. Potential Consequences for Future Immigration Options:

 

If the K1 fiancé fails to adjust status and becomes unlawfully present in the United States, they may trigger a bar on re-entry.

 

This could impact their ability to apply for a visa or green card in the future, and they may be subject to a 3- or 10-year bar from entering the country, depending on the duration of their unlawful presence.

 

 

5. Deportation Proceedings:

 

If the individual is apprehended by immigration authorities or flagged for violating immigration laws, they could face deportation proceedings.

 

This means they may be detained, face removal hearings in immigration court, and be subject to removal from the country.

 

It is crucial for K1 fiancés to understand the importance of adjusting their status after marriage to ensure legal status and avoid the severe consequences that can arise from failing to do so.

 

Consulting an immigration attorney is highly recommended for guidance and assistance throughout the process.

 

K1 Change of Status Updated 2023

Have a Question about K1 Change of Status

Can a Married K1 Fiancée Work in the US?

Yes, a married K1 fiancée can work in the US.

 

Once the K1 fiancée enters the US and marries the US citizen petitioner within 90 days, they can apply for a work permit known as an Employment Authorization Document (EAD).

 

This EAD allows the married K1 fiancée to legally work in the US while their application for a Green Card is being processed.

 

To apply for an EAD, the married K1 fiancée must file Form I-765, Application for Employment Authorization, with the United States Citizenship and Immigration Services (USCIS).

 

It is important to note that the EAD is typically valid for one year, but can be renewed as long as the K1 visa holder continues to meet the eligibility requirements.

 

It’s worth mentioning that the ability to work in the US as a married K1 fiancée is subject to certain conditions and requirements set by the USCIS.

 

It is advisable to consult with an immigration attorney or seek professional guidance for detailed and accurate information regarding employment options and eligibility for a married K1 fiancée in the US.

 

K1 Change of Status Updated 2023

Can a Married K1 Fiancée Travel Outside the US?

Yes, a married K1 fiancée can travel outside the US.

 

Once the fiancée enters the US on a K1 visa and marries the US citizen sponsor within 90 days, they can apply for a marriage-based adjustment of status to become a lawful permanent resident.

 

But do not get married and immediately think that you can travel outside of the US for example going to the Bahamas or a Caribbean cruise can get you locked out from reentering the US again.

 

After the adjustment of status application is filed, the fiancée can typically apply for a travel document called the “Advance Parole” which allows them to travel outside the US while the adjustment of status application is pending.

 

It’s important to note that traveling outside the US before obtaining this travel document may result in the abandonment of the adjustment of status application.

 

Therefore, it is advisable to consult with an immigration attorney or relevant immigration authorities before making any travel plans.

 

K1 Change of Status Updated 2023

What happens if a Married K1 leaves the US without Adjusting Status?

Keep in mind that the K1 Fiance Visa is only a one-time-entry Visa.

 

If a married K1 visa holder leaves the US without adjusting their status, they may encounter certain consequences and should be aware of the following:

 

1. Abandonment of K1 visa status:

 

Leaving the US without filing for adjustment of status may be considered an abandonment of the K1 visa.

 

This means that upon their departure, the visa holder is no longer eligible to enter the US under the K1 visa and will need to apply for a different type of visa if they wish to return.

 

 

2. Legal status concerns:

 

Without adjusting their status, the K1 visa holder loses their legal basis to stay in the US.

 

If they reenter the US without proper authorization or overstays their visa, they could be subjected to immigration-related penalties, including potential deportation and future difficulty in obtaining visas.

 

 

3. Ineligibility for employment authorization:

 

A K1 visa holder who does not adjust their status will not be eligible to apply for an Employment Authorization Document (EAD).

 

This means they will not be able to legally work in the US unless they obtain a different work visa.

 

 

4. Potential difficulties in obtaining Permanent Residence:

 

Failing to adjust status may have consequences for the visa holder’s ability to obtain permanent residency in the future.

 

They may have to restart the immigration process, which can be time-consuming and costly.

 

 

5. Impact on the marriage-based green card process:

 

If the K1 visa holder leaves the US without adjusting their status, it may complicate the process of obtaining a green card based on marriage.

 

The couple may need to file additional paperwork and prove the bona fide nature of their marriage once they are ready to reapply for a visa.

 

It is crucial to consult with an immigration attorney to understand the specific implications and options available in such a situation.

 

Each case is unique, and professional guidance can help navigate the complexities of immigration law.

 

K1 Change of Status Update 2023

K1 Fiance Entered the US but a Marriage never happened

If a K1 Fiancé entered the US but does not marry within the first 90-days?

 

If a K1 Fiancé enters the United States but fails to marry their U.S. citizen petitioner within the initial 90-day period, they would typically be out of compliance with the terms of their K1 visa.

 

The K1 visa is specifically designed for individuals who intend to marry their U.S. citizen fiancé(e) and establish a life together in the U.S.

 

If the couple has a legitimate reason for not marrying within the specified time-frame, such as unforeseen circumstances, it is important to consult with an immigration attorney to explore potential options and discuss the best course of action.

 

However, it is crucial to take prompt action to rectify the situation, as failing to do so could have serious consequences for future immigration applications.

 

In some cases, the couple may be required to file a request for an extension with the United States Citizenship and Immigration Services (USCIS).

 

The extension would provide additional time for the couple to marry and fulfill the requirements of the K1 visa.

 

However, USCIS has discretion in granting extensions, and it is not guaranteed.

 

If the couple does not marry within the 90-day period and does not take any action to rectify the situation, the foreign fiancé may be considered out of status and could face legal consequences.

 

They could be subject to removal proceedings, which could result in deportation from the United States.

 

Additionally, this may impact their ability to apply for any future immigration benefits or visas, as it may raise concerns about their intentions and adherence to immigration laws.

 

In conclusion, it is crucial for K1 Fiancés to make every effort to marry within the initial 90-day period.

 

If this is not possible, it is essential to consult with an immigration attorney to explore options and take appropriate steps to address the situation in a timely manner.

 

K1 Change of Status Updated 2023