Can you stay in the U.S. after getting married on a K 1 visa?

Maintaining Legal Residency in the U.S. after Marriage on a K-1 Visa

Obtaining a K-1 visa allows the fiancé(e) of a U.S. citizen to enter the United States and marry within a 90-day period. However, to remain in the country after the marriage, the couple must take additional steps.

Petitioning for a Conditional Green Card

Following the marriage, the U.S. citizen spouse must file a petition with the United States Citizenship and Immigration Services (USCIS) for a conditional green card. This green card is valid for two years and is subject to certain conditions.

Removal of Conditions

During the two-year conditional period, the couple must demonstrate that their marriage is bona fide (not fraudulent) and that they have not violated any immigration laws. To remove the conditions, they must file a joint petition with USCIS within 90 days of the conditional green card’s expiration date.

Evidence of Bona Fide Marriage

To prove that the marriage is genuine, the couple may submit evidence such as:

• Marriage certificate
• Proof of sharing a residence
• Joint financial accounts
• Correspondence between the spouses

Consequences of Failing to Remove Conditions

If the couple fails to file the petition to remove conditions or if USCIS determines that the marriage was not bona fide, the conditional green card will expire, and the foreign spouse will be subject to removal from the United States.

Path to Permanent Residency

Once the conditions are removed, the foreign spouse can apply for an adjustment of status to obtain a permanent green card. This grants them lawful permanent residency in the United States, allowing them to live and work in the country indefinitely.

Conclusion

While a K-1 visa provides a pathway to marry a U.S. citizen, it is crucial for couples to understand the subsequent steps necessary to maintain legal residency. By following the process of petitioning for a conditional green card and meeting the requirements for removal of conditions, the foreign spouse can secure long-term residency in the United States based on their marriage to a U.S. citizen.