K-1 Visa and Green Card: What's Allowed?

Dear Sophie: Navigating the K-1 Visa and Green Card Process

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration questions, particularly those relevant to the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of accessible immigration knowledge. She believes providing answers to these questions empowers individuals globally to overcome geographical limitations and achieve their aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, your questions are welcome. Sophie is eager to address them in her next column.

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Dear Sophie,

I have wonderful news! My fiancée has finally arrived in the United States on her K visa, following a significant delay due to COVID-19.

We are considering a quick elopement in Las Vegas to expedite the start of her green card application. Obtaining a marriage license in Silicon Valley would require a wait of several months.

Following the filing of the application, we plan to host a larger wedding celebration in the spring with family and friends in her hometown, followed by a honeymoon. Is this permissible?

— Happy in Hayward

Dear Happy,

Congratulations on your reunion with your fiancée through the K-1 visa and on your approaching marriage! My legal partner, Anita Koumriqian, has recently been deeply involved in her own wedding preparations.

Consequently, in addition to her expertise in family immigration law, she possesses extensive knowledge regarding all aspects of marriage, including residency requirements for marriage licenses in local Silicon Valley jurisdictions and typical processing times for marriage certificates.

We discussed wedding planning, marriage licenses, the process of applying for a spouse’s green card after marriage, and the essential considerations for demonstrating the legitimacy of your marriage on our podcast.

It is crucial to consult with an immigration attorney before proceeding and to avoid relying solely on internet searches for guidance through the green card process. Further details can be found in our previous podcast episode, “Engaged, Now What?”

Marriage and Immigration: Options Remain Available

Upon receiving your marriage certificate, the process of applying for a green card for your spouse can begin. While some California counties, specifically Santa Clara and San Francisco, are experiencing delays in issuing marriage licenses as a result of the COVID-19 pandemic, Santa Cruz County offers a more expedient alternative for legally marrying within the state.

The possibility of obtaining a California marriage license remains viable through alternative county options.

Are you considering a more memorable and immediate solution? A quick elopement to Las Vegas continues to be a feasible choice.

The city has long been renowned for its accessibility regarding marriage. The marriage license bureau operates for an extensive 16-hour period daily, from 8:00 a.m. until midnight.

Once the marriage license is secured, it is immediately valid for use at the numerous casinos, hotels, or wedding chapels available.

These venues offer a diverse range of wedding experiences, from ceremonies officiated by Elvis impersonators to uniquely themed celebrations, ultimately culminating in the issuance of a marriage certificate.

Exploring Las Vegas Wedding Options

• Convenient Hours: The marriage license bureau is open from 8 a.m. to midnight.
• Variety of Venues: Choose from casinos, hotels, and dedicated chapels.
• Unique Ceremonies: Options include Elvis-themed and disco-themed weddings.

Therefore, despite local challenges, pathways to marriage and subsequent immigration benefits are still readily accessible.

Intimate Weddings and Green Card Applications

A frequent inquiry we receive concerns the viability of a green card application following a modest, civil marriage ceremony. It's crucial to remember that U.S. Citizenship and Immigration Services (USCIS) officers are tasked with identifying and rejecting applications stemming from fraudulent, or sham, marriages.

The onus is on both the petitioner and beneficiary to demonstrate the legitimacy of their marital union. Bearing this in mind, presenting a wedding as a significant event, even if it's relatively small, can be beneficial.

Demonstrating a Bona Fide Marriage

Actions should align with the gravity of the commitment being made. Immigration officials will scrutinize details surrounding the wedding, so documenting the event thoroughly is advisable.

Inviting friends and family, and capturing numerous photographs, can provide valuable evidence. If a larger celebration is planned in the beneficiary’s home country, informing the USCIS officer during the petition process and at the interview is recommended.

Addressing Concerns About Discretion

Occasionally, couples deeply in love may choose a private wedding, opting not to involve parents or extended family. While legitimate reasons for such discretion exist, these circumstances can raise concerns and potentially trigger scrutiny from immigration officers.

Generally, the awareness and acceptance of the marriage by the U.S. citizen’s family strengthens the application. However, we have successfully secured conditional green card approvals even when clients have demonstrated estrangement from their families, providing a clear explanation of the situation.

Key Considerations for USCIS

• Bona Fide Marriage: Proving the authenticity of the relationship is paramount.
• Documentation: Gathering evidence like photos and guest lists is essential.
• Transparency: Disclosing future wedding plans or explaining unusual circumstances is crucial.

USCIS officers prioritize verifying the genuine nature of the marital bond, and comprehensive documentation is key to a successful outcome.

Securing a Combo Card Before Travel

It’s crucial to understand that after your spouse submits the Application to Adjust Status (I-485), international travel may be restricted. She generally won't be able to leave the United States for events like a wedding abroad until she receives her combo card. This single card provides both advanced parole and employment authorization.

Advanced parole functions as a travel document, allowing re-entry into the U.S. following a trip overseas. The Employment Authorization Document (EAD), also included, grants permission to legally work within the U.S. for any employer, or even self-employment. Leaving the country with a pending I-485 application, without having obtained advance parole, can be interpreted as abandoning the application for permanent residency.

Current Processing Times

Historically, combo card processing times have varied. In 2019, applicants typically received their cards within six months. Earlier, between 2008 and 2010, the timeframe was even shorter, averaging three to four months.

Currently, however, processing times have increased significantly, ranging from nine months to a year. Interestingly, marriage-based green card cases filed in Santa Clara County are presently being processed in approximately nine months, from initial application to the interview stage.

This means your spouse may still be awaiting her combo card even after the green card interview has been completed. Cases processed through the San Francisco office generally experience even longer wait times.

Benefits of a Marriage-Based Green Card

Despite the potential delays in receiving the combo card, obtaining a green card through marriage – whether to a U.S. citizen or a lawful permanent resident – remains the fastest and most affordable route to permanent residency.

The total filing fees for a marriage-based green card currently amount to $1,760, inclusive of the $85 biometrics fee. It's important to note that premium processing is not available for these types of applications.

Furthermore, unlike employment-based green cards, marriage-based applications are not subject to numerical or per-country limits. This eliminates the backlog issues often faced by individuals born in countries like India and China.

Navigating the Green Card Interview

Upon scheduling of your case for an interview, preparation with your immigration lawyer is crucial. Typically, both spouses are required to attend the interview together. Contrary to popular depictions, initial separate interviews for couples are uncommon.

Immigration officials are expected to refrain from inquiries regarding personal or intimate details. The interview process should not delve into such sensitive areas.

Consider the green card interview as a conversational exchange with an inquisitive acquaintance. Immigration officers recognize the anxiety applicants often experience and may engage in casual conversation to foster a more relaxed atmosphere.

It’s important to remember that officers are simply performing their duties. Maintaining composure and honesty is key throughout the process.

If your marriage is less than two years old at the time of approval, your spouse will initially receive a conditional green card. This card is valid for a period of two years, rather than the standard ten.

Prior to the expiration of this conditional status, a petition must be filed to remove the conditions. Further details regarding this process are available in a dedicated podcast episode.

Wishing you all the best as you build your life together!

Sophie

Do you have a question for Sophie? Submit it here. We maintain the right to edit submissions for conciseness and clarity.

Please note that the information presented in “Dear Sophie” is intended for general knowledge and does not constitute legal counsel. For a comprehensive understanding of the limitations of “Dear Sophie,” please refer to our complete disclaimer.

You can reach Sophie directly through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, can be found on all leading podcast platforms. She is currently accepting applications for potential guests!