My fiance temp Visa expires in January will be married August 29,2008. Do he need to go ahead a file for

Question

I will be marrying my fiance soon and wanted to know what forms or what to do about his visa expiring in January. Do we need to get a lawyer to file for permanent residency or what. I have a lot of Questions

Answer 1

What kind of Visa is your fiance on? Usually on a K visa (fiance visa) you only have 90 days to get married from the date of entry.... send me more details and I will help if poss. I got my Green Card through my husband earlier this year.

Sarah :)

Answer 2

If the fiance visa you're talking about is the K-1 (for the USA), then you have 90 days to get married from the day you enter the USA.

Once you have entered the US, the expiration date on the visa does not matter and you should ignore it completely. That expiration date is only the last day on which you can use the visa to enter the US, but once you have entered the US, that no longer matters and there is no expiration date.

After you enter the US, the one thing that is required of you to obey the terms of your visa is to get married within 90 days.

Once you are married, you are encouraged to apply for the green card as soon as possible, although there is no penalty if you don't. It's just that without a green card, you, as an immigrant, can't do anything in the US, and you cannot leave the US as they would not let you back in if you left.

Read this on applying for your green card after you get married:

http://www.visajourney.com/forums/index....

You don't need a lawyer if you can read and follow simple instructions to the letter.

Answer 3

If your fiance's visa is a K1 then you will need to marry within 90 days of them entering the US.  As soon as you are married you will need to file for I-485 Application to register permanent resident or to adjust status.  If your fiance hasn't already applied for their EAD then it's a good idea to file for the EAD at the same time as you don't have to pay the EAD filing fee if it is submitted at the same time as the I-485.  

Refer back to his K1 visa information pack as it also has instructions on what to do once he has entered the US.

The following websites have been invaluable to me since coming over here on the K1 visa earlier this year.

www.visajourney.com

www.uscis.com

Between the two sites you will get all the information you will need.

Best of luck and best wishes for your wedding.

Answer 4

Contact an attorney.  But then again, prolly should just dump him now as he is probably just using you to get residency.  Poor soul.  Plus... marriages dont last anyway... so why do it?