USCIS Form I-765 application for Employment Authorization
Once the couple marries, USCIS MUST be notified in order to change the Fiancee's status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident. The form to use is I-485, Adjustment of Status. As soon as possible the I-485 should be completed and submitted to USCIS. When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called her "Green Card".
Don't plan to leave the U.S. for your honeymoon. While waiting for the "Green Card" it is best that the Fiancee NOT travel outside of the U.S. . After she receives it she can travel freely.
There may come a need for your Fiancee (now your spouse) to leave the U.S. before the "Green Card" arrives. She should notify USCIS via form I-131 Advance Parole. This will allow her to travel, and reenter the U. S. and to obtain her "Green Card." Should she leave without obtaining the Advance Parole before her Conditional Residency is approved, she may lose her eligibility for residence and be required to start the visa petition process all over again, this time applying for s spousal K-3 visa. It is best she waits until the "Green Card" arrives.
I help you to successfully apply for Adjustment of Status for your new spouse Adjustment of Status
After your Fiancee enters the US and marries you, in order for her to remain in the US she must apply for Adjustment of Status.
USCIS MUST be notified in order to change the Fiancee's status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident.
As soon as possible after Marriage, the Adjustment of Status application should be completed and submitted to USCIS.
When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called the "Green Card".
Steps to obtain the Green Card
A. Marry early (first 45 days) within the first 90 days of her arrival to the USA. Obtain your Marriage Certificate.
B. Once married, start working on a paper trail of documents that help you demonstrate a genuine marriage, and cohabitation.
C. Open Joint accounts for Banking. Such as Checking, savings, credit cards. Make sure monthly statements show both names and your current home address
D. Add her name to utility bills, such as phone, gas, electric, water, sewer
E. Add her name to your lease if you rent
F. Get her a drivers license, showing your current home address
G. Take photos of the two of you together at the wedding, in front of your new home, and the sites you visit on your honeymoon and daily life.
Required after Marriage is a well prepared, well assembled Adjustment of Status 'Green Card' application. You still need to provide iron clad, compelling evidence of a 'bone fide', 'genuine' relationship. In addition to proving the genuine relationship, you must ALSO prove 'beyond the shadow of a doubt' that the two of you are living together, and have bound your lives together.
Below is a relevant article from the New York Times detailing problems some couples have when applying for Green Cards.
NY Times Article on Applying for Adjustment of Status
I help you to successfully apply for Adjustment of Status for your new spouse Adjustment of Status -
The Conditional Permanent Resident Card can be converted just before the two year anniversary of issuance to unconditional status by making another application and attending a second interview. Otherwise, the Conditional Permanent Resident Card will expire, and the applicant will be subject to exclusion from the United States. Again, the interviewer will be looking to see if this is a legitimate marriage, however, if the couple has split up and a history of spousal abuse can be documented to the USCIS, the fiancee alone can apply for the unconditional status. In other words, the power of the Petitioner to coerce and intimidate the fiancee is reduced and the fiancee will be excused by the USCIS if it can be shown the separation or divorce was the fault of the Petitioner. This ties back in with not granting K1/K2 petitions to US citizens that have a history of violence or sex crimes. The foreign spouse may apply for US citizenship three years after the issuance of the Conditional Permanent Resident Card if married the whole time to the US Citizen, or otherwise five years after the issuance of the Conditional Permanent Resident Card.
Expert Tip # 6
Request the consulate to open a “Provisional File”. Once USCIS completes its review of your I-129F, it will send you a notice, I-797C advising the application is approved, then hand off the file to the U.S. State Department to be sent to the overseas consulate that handles the region where your Fiancee is. Typically about a month will go by before the consulate receives the file, and can take action to contact your Fiancee and send her Packet 3. The I-797C that you receive will confirm which consulate the file is being sent to. Contact the consulate immediately via phone or fax and ask if they can open a “Provisional File”. If that consulate allows them to open such a file, then send them a fax requesting this, along with a copy of the I-797C that you received. The consulate will not schedule an interview with your Fiancee until the actual file has arrived, but can send the Packet 3 to your Fiancee for her to respond to.
More Expert Fiancee Visa Tips