Fiance and Marriage-Based Visas and Green Cards FAQs

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If you've got specific questions about the K-1 fiance visa or marriage-based immigrant visa or green card, chances are good someone else has been through the same thing before. Check out our series of common -- or sometimes uncommon -- questions from readers.

Commonly Asked Questions About Marriage-Based Visas and Green Cards

How long do I have to be married to a U.S. citizen to get U.S. citizenship?
You must first become a lawful U.S. resident, then later apply for U.S. citizenship.
Is there a way to hurry up my new wife's green card interview?
How to make sure your case hasn't been inordinately delayed.
We're really married -- how do we prove it?
What you're trying to show, and how to document it convincingly.
What do I put for my husband's address on Form I-130 when he's in the U.S. illegally?
Dealing with the risks of sponsoring an undocumented spouse.
Can I sponsor my same-sex partner for a green card?
Limitations on, and possibilities for, obtaining U.S. residence for a gay or lesbian partner.
Will my wife's past visa overstays hurt her chances of getting a green card?
How spending time in the U.S. unlawfully impacts a spouse's eligibility for U.S. lawful residence.
Am I in the U.S. illegally while I await my marriage-based green card interview?
An immigrant's rights with a pending adjustment of status application.
My abusive husband threatens to stop sponsoring me for a green card -- what can I do?
The Violence Against Women Act (VAWA) allows battered women (or men) who are married to U.S. citizens and permanent residents to use a special self-petition" to apply for their green card."
Can my Romanian wife stay in the U.S. while she awaits her green card?
Problems faced by spouses of U.S. permanent residents who must spend time on a waiting list to apply for a green card.
Can my husband pay a penalty fee to get a green card?
Old laws allowed some immigrants to adjust status who were otherwise inadmissible to the United States.
What If I Die Before the Immigrant I'm Sponsoring Gets a Green Card?
The petitioner's death need not be the end of the immigrant's hopes of getting a U.S. green card.
My Petitioning Permanent Resident Spouse Died: Can I Still Get a Green Card?
New rules make qualifying for a green card despite a permanent resident spouse's death possible.
Can a transgender spouse obtain a green card based on marriage to a U.S. citizen?
Recent rulings make it possible for to obtain a green card based on marriage to a U.S. citizen or resident where one spouse has undergone sex-reassignment surgery.
Can my family ask USCIS to waive the green-card application fees?
Try to avoid risking a finding that your immigrating family members are inadmissible as likely "public charges."
Will the I-601a provisional waiver help my undocumented husband from Mexico get a green card?
For would-be immigrants who entered the U.S. illegally and are married to U.S. citizens, the I-601a provisional waiver offers new hope for a path to a green card.
Worked illegally, married a U.S. citizen: Can I adjust status?
Special exceptions allow immediate relatives to adjust status despite having worked without authorization.
I overstayed a visa and am marrying a U.S. citizen – do I need an I-601 waiver?
The real question is whether you can adjust status in the U.S., in which case no waiver of unlawful presence is needed.
I filed I-130 for husband when I was a permanent resident – do I need to file another as a citizen?
One I-130 per relationship is sufficient, but you'll need to advise the immigration authorities of the change in your status.
If I marry my undocumented same-sex partner, can she get a U.S. green card?
Opportunities and complications when seeking U.S. residence or citizenship for a same-sex spouse who entered the U.S. illegally.
Should we open a joint bank account just to satisfy USCIS that our marriage is bona fide?
Preparing fake indicators of a bona fide marriage may backfire!

Commonly Asked Questions About Fiance Visas

How long is the wait for a fiancé visa (K-1)?
You needn't worry about the K-1s running out -- they aren't subject to annual limits (though the government processing can take months).
Can my girlfriend change status in the U.S. to K-1 fiance?
Although you can't get a fiance visa from within the U.S., you may be able to simply get married and apply for a green card.
I'm in K-2 status, turning 21 soon -- will CSPA help me get a green card?
The Child Status Protection Act may help you, but act quickly just in case.
I came to the U.S. on a K-1 fiance visa but it didn’t work out – can I marry someone else?
The limitations on a K-1 fiance visa.
Our wedding date got cancelled – can I extend my K-1 fiance visa?
Dealing with a postponement of the wedding to your U.S. citizen petitioner.
Can I get a K-1 visa for my same-sex fiance?
K-1 fiance visas are now available to gay and lesbian couples.
If the I-94 for my K-1 visa has expired, can I still adjust status?
Practical effects of filing an adjustment of status application after the 90 days on a K-1 visa are up.
K-1 fiancé visa denied – can I appeal or refile?
Options when a U.S. consular officer says "No."

Additional Resources

Fiance and Marriage Visas: A Couple's Guide to U.S. Immigration
A book that answers practically all your questions about applying for a marriage-based visa or green card.