USCIS I-485 help.
USCIS Form I485 Application for Permanent Residence or Adjust Status
Once the couple marries, USCIS MUST be notified in order to change the Fiancee's status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident. The form to use is I-485, Adjustment of Status. As soon as possible the I-485 should be completed and submitted to USCIS. When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called her "Green Card".
Don't plan to leave the U.S. for your honeymoon. While waiting for the "Green Card" it is best that the Fiancee NOT travel outside of the U.S. . After she receives it she can travel freely.
Advanced Parole:
There may come a need for your Fiancee (now your spouse) to leave the U.S. before the "Green Card" arrives. She should notify USCIS via form I-131 Advance Parole. This will allow her to travel, and reenter the U. S. and to obtain her "Green Card." Should she leave without obtaining the Advance Parole before her Conditional Residency is approved, she may lose her eligibility for residence and be required to start the visa petition process all over again, this time applying for s spousal K-3 visa. It is best she waits until the "Green Card" arrives.
Below is a short youtube video that describes how to get your Fiancee Visa
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Some fiancees think they might want to get married, but are not 100% certain, and need more time to get to
know each other or to adjust to the new country. The fiancee may qualify for a visitor visa if the intention
is not to get married in the USA (but to come and go and get married in another country, to return again on an
immigrant visa). However, by applying for a K-1, the foreign fiancee may be much more open about their
intentions since the purpose of the visa is to allow a foreign citizen to remain in the United States for 90
days to get married, with the idea of living and working legally after marriage. If the intent to marry is
made clear enough, and something does happen that makes the couple decide not to marry, then the fiancee may
leave the country without repercussions. However, in the case that the couple marry after entry on another type
of temporary visa, there are some penalties under the law. In many cases the marriage will be upheld and
immigrant status granted to the foreign spouse, but sometimes the foreign spouse risks being deported. Limitations
have also been put into place to discourage marriage by visitors on other visas. For example, a K1 visa may
not be issued to a recent student visitor (to discourage foreigners being students merely for the purpose of
meeting US spouses). Though the K1 visa may take more time in planning, it minimizes risks that wedding plans
will be scuttled at the last moment by a denial of admission.
Expert Tip # 1
Don’t attempt to game the system by applying for a tourist, student or employment visa for your Fiancee. Not only does this waste time waiting to hear that your Fiancee’s application has been rejected, but it will serve to identify your Fiancee as someone probably attempting to enter the U.S. under false pretenses. All Fiancee visa applications are initially viewed skeptically by USCIS with the underlying assumption that a possible attempt to circumvent U.S. immigration laws is being attempted. The USCIS mandate is skewed to preventing fraud, not to bringing happy couples together. Applying for a Fiancee visa after unsuccessfully applying for other visas will subject your Fiancee to extra scrutiny and delays at best, an outright rejection at worse.
More Expert Fiancee Visa Tips
