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Coming to America to Get Married and Get a Green Card: B-2 or K-1 Visa?

A foreign national who is living overseas and is in a relationship with a U.S. citizen has two main visa options to come to the U.S., get married, and apply for a green card: the B-2 visitor visa and the K-1 fiancé(e) visa. Each route has advantages and disadvantages.

WHAT YOU NEED TO KNOW ABOUT THE B-2 VISITOR VISA

The B-2 visitor visa is for temporary visits only. Entering the U.S. on a B-2 visa and then applying for a marriage-based green card carry benefits and risks.

Benefits of the B-2 to Green Card Route

1. B-2 visa applicant or visa holder does not need a sponsor

An invitation letter or Affidavit of Support from an American sponsor is not required for a B-2 visa. Unlike K-1  fiancé(e) visa applicants, B-2 visa applicants are not required to prove a bona fide relationship with a U.S. citizen significant other.

B-2 visa applicants must instead qualify on the basis of their own residence and ties abroad.  There is no medical exam to complete or immigration-related petition for a U.S. citizen relative to file. They just need to file the online nonimmigrant visa application and pay the application fee.

Legitimate purposes of the B-2 include tourism, vacation (holiday), and visits with friends or relatives. Getting married to a U.S. citizen (or permanent resident) during your visit is not prohibited – as long as you intend to leave the country before your authorized period expires.

2. General desire (and even preconceived intent) to immigrate  – in and of itself – does not prevent B-2 visa holder from adjusting status as the spouse of a U.S. citizen

The B-2 to green card route works best when the foreign national decides to get married to the U.S. citizen only after entering the country. The couple might be undecided about the future of their relationship until they spend more time together during the visit. If the U.S. citizen surprised the B-2 visitor with a marriage proposal after he or she entered the U.S., the visitor could show the original intent was truly a temporary visit.

A general desire to remain in the U.S ., when there is an opportunity to do so legally, is not a problem. Furthermore, a fixed intent to immigrate does not bar immediate relatives (e.g. spouses) of U.S. citizens from adjusting status — unless there are other adverse factors that allow USCIS to deny adjustment as a matter of discretion.

3. Concurrently filing the I-130 and I-485 application (one-step petition/application) is the most streamlined way to get a marriage-based green card

Under normal circumstances, a B-2 visitor who is physically present in the U.S., after lawfully entering the U.S., may file a Form I-485 adjustment of status application at the same time the U.S. citizen files the Form I-130 immigrant petition with U.S. Citizenship & Immigration Services (USCIS). The B-2 to green card route is commonly used by immediate relatives of U.S. citizens.

The one-step filing of the I-485 and I-130 is a much more streamlined process than applying for a K-1 fiancé(e) visa, K-3 nonimmigrant visa, or immigrant visa at the U.S. Consulate overseas, based on marriage to a U.S. citizen. You may also stay with your spouse in the U.S. while your green card application is pending, instead of being separated from each other.

Drawbacks of the B-2 to Green Card Route

1.  B-2 visa applicant or visa holder must show non-immigrant intent

To get the B-2 visa or to enter the U.S. as a visitor, the foreign national must have nonimmigrant intent. You need to prove you have strong ties to your home country that you will not abandon and you will leave the U.S. before your authorized stay expires.

The B-2 visa to green card route works best if you are not yet engaged to the U.S. citizen or did not make specific plans to immigrate to the U.S. after entering the U.S.

Entering the U.S. as a visitor simply to marry a U.S. citizen (or permanent resident) does not violate U.S. immigration law, as long as you leave before your authorized stay expires. While this purpose is legitimate, it still carries risks and may lead to your being denied a visitor visa or entry into the U.S. as a visitor.

If you are applying for a visitor visa, you will be asked on the nonimmigrant visa application, and possibly at the visa interview, whether you have any immediate relatives in the U.S. This includes a fiancé(e). If the consular officer learns you have a U.S. citizen fiancé(e) or believes you will marry the fiancé(e)  during your visit, you will likely be denied a visitor visa. This is because the consular officer might suspect you have no intent of leaving the U.S., but will overstay, get married, and apply for a green card to live permanently in the U.S. with your American spouse.

At the U.S. port of entry, the customs officer may deny your entry for the same reason, even if you present a valid visitor visa. If the U.S. Customs & Border Protection (CBP) finds that you cannot show nonimmigrant intent and therefore lack the proper travel documents, it has two choices. It will either (a) allow you to withdraw your application for admission (and likely revoke your visa) OR, (b) issue an expedited removal order, which bars you from returning to the U.S. for five years, unless you obtain a Form I-212 waiver. Either way, you will be instructed to return home on the next available flight.

In certain situations, the CBP might also find that you willfully misrepresented the purpose of your visit to gain entry into the U.S. as a visitor. It may then deny your entry and issue an expedited removal order on this additional ground. If you cannot convince CBP to refrain from issuing (or to vacate) a charge of willful misrepresentation, you face a lifetime bar to getting a green card or immigrant visa. You will then need to qualify for and obtain an I-601 [INA § 212(i)] waiver of inadmissibility.

I-601 waiver applicants must show  their qualifying relative (U.S. or permanent resident spouse or parent) will suffer “extreme hardship” if they are not admitted to the U.S. as an immigrant. This waiver is challenging to get.

2. Fraud or willful misrepresentation to gain immigration benefits prohibits B-2 visa holder from getting a green card

Lying about the purpose of your visit or about whether you have an American fiancé in the U.S. could be deemed to be fraud or willful misrepresentation to gain immigration benefits.

The U.S. Department of State adopted a 30/60 day rule when a foreign national violates his nonimmigrant status. When a B-2 visa holder marries a U.S. citizen or applies for permanent residence within 30 days of entry,  the DOS presumes that he misrepresented his intent in seeking a visitor visa or entry. If the marriage or green card application occurred between 30 and 60 days of entry, the DOS does not presume, but may content there was misrepresentation. If the marriage or green card application occurred after 60 days, the DOS does not consider such conduct to constitute fraud or willful misrepresentation to obtain immigration benefits.

USCIS is a separate agency from the DOS and the Board of Immigration Appeals has held that immediate relatives are exempt from the 30/60 day rule. Nonetheless, USCIS may use it as a guide.

If USCIS finds you committed fraud or willful misrepresentation to get the B-2 visa or to enter the U.S. as a visitor, this presents a permanent bar to getting a green card. You may also be placed in removal proceedings before the Immigration Court.

You may challenge the finding by showing you did not engage in immigration fraud or willfully misrepresented material facts when you applied for the visa or when you sought entry into the U.S. If you are unable to overcome the finding, you will need to apply for and receive an I-601 waiver of inadmissibility.

3. Concurrent filing of the I-130 and I-485 (one-step petition/application) involves strict eligibility requirements

The visitor visa is often misused as a way to enter the U.S., get married, and then apply for adjustment of status (green card) to avoid the longer process of applying for a K-1, K-3 or immigrant visa at the U.S. Consulate.

USCIS officers will carefully scrutinize your marriage to confirm it’s bona fide, i.e. entered into with the intent of establishing a life together as spouses, and not to circumvent U.S. immigration laws. You need to present documentary evidence of your shared residence, commingling of financial resources and other factors showing you have a real marriage. You also have to testify consistently and credibly as to the nature of your relationship and courtship.

As the I-485 applicant, you must show you are not inadmissible due to criminal convictions, health-related reasons, immigration violations, or other factors. The USCIS officer may conduct a full review your records (including your visitor visa application) and ask you questions at the interview to verify you are admissible to the U.S. It may investigate your true intent when you applied for the visa or sought entry on the visa.

An immigrant visa must also be available to the I-485 applicant.  If your spouse is a permanent resident, he or she may file an I-130 petition for you, but you may not file for a green card right away due to the backlog in the F2A (spouse of permanent resident) category.

When you are not in the immediate relative (e.g. spouse of U.S. citizen) category, you must be in lawful nonimmigrant status when you file an I-485. You will need to extend or change status to remain lawfully in the U.S. during the wait. Or you might have to wait until your permanent resident spouse becomes a naturalized U.S. citizen. Because adjusting status as the spouse of a permanent resident carries many obstacles, you likely will have to timely depart the U.S. and apply for an immigrant visa at the U.S. Consulate when one becomes available.

WHAT YOU NEED TO KNOW ABOUT THE K-1 FIANCE(E) VISA

The K-1 fiancé(e) visa is for the specific purpose of entering the U.S. to get married to a U.S. citizen and filing for adjustment of status. Entering the U.S. on a K-1 visa and then applying for a marriage-based green card carry benefits and risks.

Benefits of the K-1 to Green Card Route

1. K-1 visa applicant is not required to show nonimmigrant intent

When you apply for a K-1 visa, you are declaring immigrant intent. Getting married to a U.S. citizen and applying for permanent residence are expected. Unlike B-2 visa applicants, K-1 applicants are not required to present evidence of nonimmigrant intent or strong ties to their home country.

2. K-1 visa is the most appropriate visa for marrying a U.S. citizen in the U.S. and applying for a marriage-based green card

As a K-1 entrant, you bear no risk of being found to have committed visa fraud if you marry the U.S. citizen petitioner and apply for a green card, as you indicated you would.  Because you are required to marry the U.S. citizen within 90 days, the Department of State’s 30/60 day rule does not apply at all.

The K-1 to green card route is the most direct path to obtaining a marriage-based green card when you are engaged to a U.S. citizen.

3. Adjustment of status process for the K-1 entrant is generally simpler

A K-1 visa holder who completed the medical exam within the past year to get the visa is not required to do a medical exam for the I-485 application. You just need to submit the vaccination supplement, and not the entire medical report.

The U.S. citizen also does not have to file an I-130 immigrant petition after the marriage occurs. You simply file the I-485 application based on the approved Form I-129F petition, as long as the marriage occurred within 90 days of arrival in the U.S.

USCIS also has discretion to waive adjustment interviews for K-1 and K-2 entrants, i.e. fiancé(e) of U.S. citizen and children of fiancé(e). If the National Benefits Center (NBC) determines that the I-485 application qualifies for an interview waiver, and the Service Center agrees, the K-1 entrant may be granted a green card without an interview at the USCIS Field Office. This is never the case with the B-2 entrant, who must complete a marriage-based green card interview.

Drawbacks of the K-1 to Green Card Route

1. K-1 visa applicant must prove bona fide relationship with U.S. citizen

The K-1 visa option is available only if you are engaged to a U.S. citizen. It is not available if you are not committed to getting married (or you are already married), or if your fiancé(e) is just a permanent resident.

To get the K-1 visa, you must prove you have a real relationship with the U.S. citizen, communicate with each other often, and intend to marry within 90 days of your arrival in the U.S. Documentary evidence includes written correspondences, telephone records, and airline tickets and travel stamps showing the U.S. citizen has visited the K-1 visa applicant.

2. K-1 visa involves strict eligibility requirements

In the wake of the San Bernardino shooting on December 2, in which 14 people were killed after married couple Syed Rizwan Farook and Tashfeen Malik opened fire at a holiday party, Congress began to review the K-1 visa application process. Virginia Rep. Bob Goodlatte Goodlatte, chair of the House Judiciary Committee, opined that USCIS “sloppily approved” Farook’s K-1 visa petition for Malik.  Goodlatte noted that USCIS failed to verify whether the Pakistani national had met her U.S. citizen husband in person before applying for the K-1 visa.

The K-1 visa process requires the couple to meet in person at least once during the two years before the U.S. citizen files the Form I-129F petition for the fiancé(e). Waiver of the in-person meeting requirement is very hard to get.

For USCIS to approve the Form I-129F petition and for the U.S. Consulate to grant the visa, both the U.S. citizen petitioner and foreign national beneficiary must meet other strict eligibility requirements.

For example, a U.S. citizen who has filed two or more K-1 petitions at any time in the past or had any K-1 petition approved within the prior two years may not file a new K-1 petition unless USCIS grants a waiver of these limitations as a matter of discretion. No waiver will be given to a petitioner with a history of violent offenses except in limited circumstances.

3. K-1 to green card route involves a longer, three-step process

You cannot live with your U.S. citizen fiancé(e) in the U.S. until you get the K-1 visa to enter the U.S. The first step of filing the Form I-129F petition and getting it approved usually takes at least 4 to 6 months. The U.S. citizen has to submit a filing fee with the petition.

After USCIS approves the petition, the K-1 applicant must then submit the online nonimmigrant visa application, pay a visa application fee, complete a medical exam, and attend the visa interview.

The U.S. Consulate usually takes several months to schedule a K-1 visa interview. At the visa interview, the U.S. Consulate may require additional documents to confirm the applicant is still in a bona fide relationship with the U.S. citizen. Administrative processing and background checks by the U.S. Consulate can add several more months to the process.

After you enter the U.S. on a K-1 visa, you must marry the U.S. citizen within 90 days of your arrival. Then you must file your I-485 application and pay the filing fee to complete the green card process. If you fail to marry within 90 days, the U.S. citizen spouse will need to file a Form I-130 petition, following marriage outside the 90 days, so you may file a Form I-485 application. If you do not marry at all, you become removable from the U.S. and you cannot adjust through marriage to another U.S. citizen or through any other means.

Although USCIS may waive the adjustment of status interviews for K-1 entrants, it usually does not. Following the San Bernardino shooting, USCIS is expected to waive even fewer interviews. At the interview before USCIS, the couple must prove they have a bona fide marriage and the I-485 applicant must show he or she is admissible to the U.S.

Want to hear about this topic? Check out this video:

WHICH IS BETTER: B-2 or K-1? 

Whether to use the B-2 or K-1 to join your significant other in the U.S. depends on your situation. You need to weigh the advantages and disadvantages of each route when deciding which to take.

Consult an experienced immigration attorney to help you determine whether the B-2 or K-1 is more appropriate for you. Although both can lead to a marriage-based green card, each carries benefits and drawbacks.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Photo by: Dennis Skley

Coming to America to Get Married and Get a Green Card: B-2 or K-1 Visa?

In this video, immigration attorney Dyan Williams describes two types of nonimmigrant visas: B-2 visitor visa and K-1 fiancé(e) visa. She summarizes what you need to know about each visa when using either to come to the U.S., get married to a U.S. citizen or permanent resident, and apply for a green card.

Read about Coming to America to Get Married and Get a Green Card: B-2 or K-1 visa?  here.

For more information, read these articles:

Contact Dyan for specific advice and guidance on the B-2 visitor visa or K-1 fiance(e) visa to green card process.

This video provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. Immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

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K-3 Nonimmigrant Visa for Spouse: Pros and Cons

miss youUpon marrying a U.S. citizen, a foreign national living overseas has two visa options to enter the U.S. and become a permanent resident.

The CR-1/IR-1 immigrant visa is the primary choice for all couples. Some couples also seek the K-3 nonimmigrant visa, which has advantages and drawbacks.

The spouse may use the K-3 nonimmigrant visa to enter the U.S. while waiting for approval of the immigrant petition. After arriving in the U.S., the K-3 visa holder may file a Form I-485, application to adjust to permanent resident (green card) status. The other option is to depart the U.S. and apply for an immigrant visa at the U.S. Consulate abroad, following approval of the immigrant petition.

The K-3 visa to green card process involves pros and cons. The main ones are as follows:

PROS

1. Can help reduce the time the U.S. citizen and foreign national spouse are separated from each other

If USCIS approves the Form I-129F (K-3 visa) petition before it approves the Form I-130 immigrant petition, the foreign national spouse does not have to wait for the immigrant visa process to be completed. USCIS will forward the approved I-129F to the U. S. Consulate for processing of the K-3 visa. After arriving in the U.S. on a K-3, the foreign national may apply for a green card.

In some cases, the K-3 visa helps to shorten the time the parties are separated from each other. The K-3 visa allows the foreign national to enter the U.S. and live with the U.S. citizen spouse even before USCIS approves the immigrant petition. Some U.S. Consulates also process K-3 visas faster than immigrant visas.

2. Provides immigration benefits to foreign national spouse’s children in many cases

Unmarried children of the foreign national spouse who are under age 21 can be listed in the Form I-129F (K-3 visa) petition.  No separate I-129F petition is required. Upon approval of the petition, eligible children may receive a K-4 visa that allows them to travel to the U.S. with their parent (K-3 visa holder).

The child is not eligible for an immigrant visa if he was over age 18 on the date his foreign national parent married the  U.S. citizen step-parent. The U.S. citizen may file an I-130 immigrant petition for a stepchild only if  the marriage occurred before the child’s 18th birthday. But the child is still eligible for a K-4 visa as long as he is not yet 21 at the time of the marriage and visa issuance.

3.  Requires lower filing fees

K-3 and K-4 visa applicants must file the Form DS-160, Online Nonimmigrant Visa Application, and pay a single processing fee (currently $265). Meanwhile, immigrant visa applications based on an approved immigrant petition require a higher processing fee (currently $325), plus a fee for domestic reviews of the Form I-864, Affidavit of Support (currently $120).

There is also no filing fee for the Form I-129F petition for K-3 status based on an immigrant petition filed by the same U.S. citizen.

4. Sets a lower financial threshold

K-3 and K-4 visa applicants must provide evidence showing they will not become a public charge in the United States. This includes financial documents showing they can support themselves or the U.S. citizen can provide support.  They may opt to submit the U.S. citizen spouse’s Form I-134, Affidavit of Support, or the U.S. Consulate may instruct them to do so.

The financial threshold is lower for K-3 and K-4 visa applicants, compared to immigrant visa applicants, who must present a Form I-864, Affidavit of Support, from the U.S. citizen petitioner.

In general, minimum income requirements are set at 100% of the federal poverty guidelines in the Form I-134  for K-visa applicants, but increase to 125% of the federal poverty guidelines in the Form I-864 for immigrant visa applicants. K-3 and K-4 visa holders may live in the U.S. with the U.S. citizen petitioner  while working toward meeting the income income requirement for adjustment of status.

5.  Allows travel overseas

The K-3/K-4 visa is a multiple entry visa that is valid for two years. Unlike the K-1 fiance visa, it may be used to travel overseas and re-enter the U.S.

Foreign nationals with a valid K-3/K-4 visa do not need to travel with Advance Parole even after they file for adjustment of status.

6. Leads to employment authorization

After arriving in the U.S., K-3 and K-4 visa holders may  file a Form I-765, Application for Employment Authorization, with USCIS, and apply for a Social Security Number. The foreign national is authorized to work with a valid work card and unexpired K-3/K-4 status.

The K-3/K-4 visa holder may also apply for a work card based on a pending Form I-485, application to adjust to permanent resident status, even if their non-immigrant status expires.

CONS

1. K-3 visa petition is administratively closed if USCIS approves Form I-130 immigrant petition first (or around the same time)

The K-3 visa is a backup option in the event of long delays in the Form I-130 immigrant visa process.

If USCIS approves the I-130 before the I-129F, it will transfer that approved petition to the U.S. Consulate through the National Visa Center (NVC). In that event, it will ignore the I-129F.

If USCIS approves both the I-130 and I-129F and sends both approved petitions to the U.S. Consulate through the NVC, the I-129F will be administratively closed. In that event, the K-3 visa is no longer an option.  The foreign national spouse and eligible children must then complete the entire immigrant visa application process overseas.

USCIS does not refund the I-129F processing fee in either event.

2.  Provides immigration benefits to foreign national spouse’s children only if certain strict requirements are met

After arriving in the U.S., K-4 visa holders may apply for adjustment of status as long as they are under 21 and  the U.S. citizen petitioner filed a separate Form I-130 immigrant petition for them.

When USCIS approves the I-130 petition for the spouse and forwards it to the NVC, an immigrant visa is immediately available and the K-3/K-4 visa is no longer an option.  If there is no approved I-130 petition for the children, they cannot obtain immigrant visas to accompany the  parent. So even though I-130 petitions for the children are not required to obtain K-4 visas, the U.S. citizen petitioner still needs to file the I-130 petitions so the children can become permanent residents.

K-4 visa holders will be admitted to the U.S. for 2 years or until the day before they turn 21, whichever is earlier. The K-4 status expires when the child turns 21. Unless the I-130 was filed before the child turned 21 and the Child Status Protection Act (CSPA) applies, the K-4 visa holder may not adjust to permanent resident status upon turning 21.

Bringing children to the U.S. on a K-4 visa who were already age 18 at the time of the marriage is also very risky.  To date, only the U.S. Court of Appeals for the Seventh Circuit has ruled, in Akram v. Holder, that a K-4 visa holder might still obtain permanent residence if he was already 18 when his foreign national parent and U.S. citizen stepparent married. The court ruled that immigration laws and regulations do not require K-4s to adjust status only by way of a relationship to the U.S. citizen petitioner, but also “as a result of the marriage” of the parents.

Currently, the USCIS website states that in order for a K-4 to become a permanent resident, the marriage between the U.S. citizen stepparent and the K-3 parent must have occurred before he turned 18.  Based on this policy, USCIS could deny adjustment of status to the K-4 if the stepchild relationship to the U.S. citizen petitioner did not occur before his 18th birthday.  The Seventh Circuit’s decision is binding only in that district, which includes Illinois, Indiana and Wisconsin, and might not be persuasive in other districts.

3. Involves extra steps and additional fees

The U.S. citizen petitioner must first file a Form I-130 immigrant petition for the foreign national spouse before filing the Form I-129F (K-3 visa) petition. Although the petitioner may include his unmarried stepchildren under 21 in the I-129F petition, he must file a separate I-130 petition for the children in order for them to apply for permanent residence. The I-130 and I-129F petitions require separate filing fees (now $420 and $340, respectively).

Upon approval of the Form I-129F petition, the K-3/K-4 visa applicant then has to file a Form DS-160, Online Nonimmigrant Visa Application, which requires another processing fee (currently $265).

After arriving in the U.S., the K-3/K-4 visa holder must then file a Form I-485, application for permanent residence and pay the processing fee (currently $1,070 for applicants age 14 to 78).

Unlike immigrant visa holders who become permanent residents once they enter the U.S., K-3 and K-4 visa holders must submit a whole separate application to adjust status after they arrive in the U.S. They also need to complete an interview with USCIS before they are granted the green cards. Normally, the adjustment of status process takes at least 6 months to be completed.

K-3 and K-4 visa holders can only adjust status based on marriage to the original U.S. citizen petitioner. If the marriage fails before they become permanent residents, they will have to leave the U.S. or  overstay their authorized period, which makes them removable from the U.S. They cannot change to another nonimmigrant status and stay in the U.S.

4. Heightened financial threshold must ultimately be met 

When they apply for permanent residence, K-3 and K-4 visa holders must submit a Form I-864, Affidavit of Support, from the U.S. citizen petitioner.  If the 125% of the federal poverty guideline minimum income requirement is not met, the petitioner must normally get a joint sponsor and/or show evidence of assets that can be converted into cash in one year.

In addition, some U.S. Consulates require K-3/K-4 visa applicants to show they meet this heightened financial threshold because it must ultimately be met when they apply for their green card.

5. Visa must be valid for travel overseas

The K-3/ K-4 visa expires after two years. The visas must be valid to gain re-entry into the U.S. following travel overseas.

The K-3/K-4 nonimmigrant status may be extended by showing strong intent to eventually adjust to permanent residence. The Form I-539, application for an extension should be submitted to USCIS at least 120 days prior to the expiration of the authorized stay.

K-3/K-4 visa holders must maintain their nonimmigrant status in the U.S. to avoid accumulating unlawful presence that could bar them from re-entering the U.S. following a trip overseas. An overstay of 180 days to less than 1 year triggers a 3-year bar upon departure from the U.S. The bar is 10 years if the overstay is 1 year or more. A waiver for the unlawful presence bar is generally available, but is difficult to get.

K-3/K-4 extensions are granted in two-year intervals. If the initial visa has expired, the foreign national must obtain a new visa based on the extension to be re-admitted to the U.S., after traveling abroad.

Otherwise, the K-3/K-4 visa holder must file for adjustment of status and obtain Advance Parole to re-enter the U.S. if they depart the country. Another option is to wait abroad for the I-130 approval and then apply for an immigrant visa to re-enter the U.S.

6. Does not automatically provide employment authorization

K-3/K-4 visa holders need to file their Form I-765 and receive their Employment Authorization Document (EAD)/work card to obtain employment in the U.S. They might also need to present the EAD to obtain a Social Security Number. The Social Security Administration might not accept the K-3 or K-4 visa as proof of authorization to work.

K-3 and K-4 visa holders are not authorized to work until USCIS approves the Form I-765. Most employers will not hire them until they have the EAD as proof of authorization to work. USCIS takes approximately 90 days to process the EAD.

Furthermore, the EAD expires when the K-3/K-4 status expires. The adjustment of status applications must be pending for the foreign national spouse and child to qualify for a new EAD.

Conclusion

The K-3 to green card process has pros and cons. Although it provides many benefits — such as allowing the foreign national to enter the U.S. and live with the U.S. citizen spouse before the immigrant visa process is completed — it carries risks.

Consult  an experienced immigration attorney to help you determine whether the advantages outweigh the drawbacks in your specific case.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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