Do I need a K1 to get married to a U.S. citizen if I already have a B1/B2?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I need a K1 to get married to a U.S. citizen if I already have a B1/B2?

My boyfriend is a U.S. citizen and I’m a Mexican citizen. I have a B1/B2 visa with passport and 1-94 permit, so I’m fully legal to be in the U.S. but all this will

expire in 3 years. If we get married within the next 12 months, do I need a K1

visa to apply for a temporary green card after marriage? Also, how long after the permanent visa could I apply for citizenship?

Asked on November 22, 2018 under Immigration Law, New Mexico

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The i-94 cannot be valid for 3 years.  you may have a valid B-1/B-2 visa that is good for 3 years as a multiple entry visa but that does not mean that you are authorized to remain in the US for that entire period.  Your authorized period of stay within the US is governed by the I-94 card which can be issued for up to 6 months.  If you are already in the US in valid status, then you can marry and apply for adjustment of status to permanent residence within the US.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption