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Applying for just the right immigration status for you involves an analysis of your life, employment and family situation.
There may be more than one option available to you. Typically, a person comes to the United States first to visit. Most often this is the sole goal of entering this country.
Thereafter, circumstances evolve so as to create opportunities or desires to stay here for other reasons, and for various periods of time. Therefore, it is possible that one or more statuses can end up as part of your immigration path.
The Temporary Visas and Permanent Residence options contained in this section explain the various categories that exist under U.S. immigration laws. You can click on any of the visa options listed to get a detailed explanation of the specific options.
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K-1 FIANCEES OF US CITIZENS AND THEIR CHILDREN
The K-1 status is given to fiance(s) of U.S. citizens and the K-2 is for children under 18 years of the fiance(e). Employment authorization can also be applied for upon entrty, and the wedding is supposed to take place within 90 days. When entering on a K-1 or K-2, it is not possible to change to another status, and marriage to a different person does not permit adjustment of status to permanent residence. In my opinion, the K-1 will be used more often in the future than it has in the past. It is a timeconsuming and duplicative status, because the process to get it is almost the same as that required of spouses of U.S. citizens. But with stricter scrutiny of the immigration laws in general since 9/11, visitors who marry soon after marriage may be viewed as having committed entry fraud, which would necessitate a waiver. This means that the fiance would be viewed as inadmissible for failing to be honest (since their intention was to marry and not simply visit for a limited time). If this application is required, there is the unlikely possibility that it not be approved, and if not approved no adjustment of status is possible. This would lead to the need to visa process, and a lengthy process abroad through immigrant visa processing, and a waiver there too. To avoid all this, the K-1 would be the least risky choice.
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