Do I need a K1 to get married to a U.S. citizen if I already have a B1/B2?
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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 5 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.
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