How do Fiance Visa applicants complete the I-485 form?

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Once the US petitioner and K-1 visa holder marry within 90 days of entry, K-1 and K-2 visa applicants must apply for I-485 Permanent Residency. 

Here, we’re going to learn how to fill out form I-485 line by line. This form is merely a part of an entire submission packet used to show the USCIS that you fulfill the marriage requirement and are now ready to get LPR. 

Notice: the principal applicant is the K-1 visa beneficiary and a derivative applicant is any child on a K-2 visa. Each K-1 or K-2 applicant completes a separate form.

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What is the I-485?

The I-485 form is used by any eligible person who wants to adjust status to a Legal Permanent Resident (LPR).  It combines with several other supporting documents necessary after marriage. You cannot file for adjustment of status unless you marry the same US petitioner who filed the I-129F.

The I-485 shows the USCIS that you’ve fulfilled the 90-day marriage requirement and are ready for the green card interview.

The form is made up of 20 pages of questions and 45 pages of instructions (don’t worry, most of these don’t apply to K visa applicants).

The form asks for your biographical details, education, employment, criminal history, your visa eligibility class, and much more. 

You can complete it by hand (black ink) or by typing it into a PDF on your computer (recommended) and printing it out.

After you mail this petition out, the USCIS reviews it and passes a decision on your case. During evaluation, the USCIS is interested to know about your background, eligibility, public charge criteria, and more.

There are occasions where they issue an RFE if documents are incomplete. But in the end, after adjudication, the USCIS schedules you for the Green Card Interview… followed by granting you a Conditional Green Card (I-551), if successful.

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When do I fill this out?

After marriage, gather all required documents — including marriage certificate, I-864 Affidavit of Support, and so on– and send the I-485 petition to the USCIS. 

Keep in mind, you must have a valid marriage certificate before being eligible. That’s why it’s ideal to get married as soon as you arrive with a K visa.

Realize that it’s not absolutely necessary for K visa applicants to send the form within the 90 days of their entry as noted on their I-94. There’s no waiting period and there’s no deadline to file the I-485 form.

If your partner needs help, you fill it out on his/her behalf. The signatures must, however, be of the applicant or derivative. 

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How to fill out the I-485, Step-by-step

Each K visa applicant submits a separate I-485 form (i.e. K-2 children have separate ones)… and the questions apply to the K visa beneficiary only, not the US petitioner.

First, download the instructions from the USCIS website. Check for the latest I-485 edition date, as using an outdated version results in a rejection. In addition, mistakes in the form are a primary cause of delays or rejection, so be sure to make no errors.

To help, go through this guide and assemble your packet. Compare your form with a sample of how a final product looks like (download below). The USCIS policy manual explains many of the concepts we’re going to talk about. 

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Part 1 – information about you

Part 1 is about you, the beneficiary (K-1 or K-2 visa) applying for permanent residency. Here, they ask for your biographical information and details on how you entered the US. Provide all official names, date of birth, and records from official sources.

Start with your A-Number. Your A-number (“alien registration number”) was provided to you in your approval letter (I-797) of the I-129F petition. It’s also listed in several of your DHS documents.

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Question 1a-3c: Your current legal name. Provide your complete name as it appears on your passport or official documents such as birth certificates.

Questions 2a-4c: Other names you have used since birth. Provide all other names you’ve used as a result of marriage, divorce, legal name changes, etc. Also include legal names or aliases. No social media names or nicknames are required.

Question 5: Provide date of birth in the correct format

Question 6: Provide gender

Question 7: Town or city of birth

Question 8: Country of birth

Question 9: Country of citizenship or nationality. If you’re a dual citizen, select the passport with which you traveled to the US or have your K visa in.

Question 10: Alien Registration Number will auto populate from before.

Question 11: USCIS online account number, if any. This only applies if you have used one to petition someone in the past. For most couples, it doesn’t apply.

Question 12: US social security number, if any. If you have one, provide it. If you don’t currently have one (or it’s pending), leave it blank.

Question 13a-13f: US Mailing address. “In care of” is anyone authorized to receive mail on your behalf. Provide the street number, apartment, floor, city, town, state, and zip code of where you’d like to get your mail.

Question 14a-14f: Alternate and/or safe mailing address. Only fill this part out if you are a victim and must get your mail delivered to a safe or secret location. 

Question 15: Passport number used at last arrival (the passport with a K visa stamp).

Question 16: Travel document used at last arrival (in case you don’t have a passport but used a travel document).

Question 17: Expiration date of passport or travel document.

Question 18: Country of passport or travel document.

Question 19: Nonimmigrant visa number. Provide you K-1 or K-2 visa number here.

Question 20a: Type the city or town where you entered the US (i.e. Port of entry). Examples are New York, Los Angeles, etc.

Question 20b: State

Question 21: The date of arrival in the correct format.

Question 22a-22d: Enter how/if you were inspected during your last entry into the US. Since K-1 visa holders are inspected by CBP and issued an I-94, select 22a to indicate that you were inspected and admitted as a “K visa holder”.

Question 23a: Indicate the I-94 number. Check their website if you don’t know.

Question 23b: Expiration date of the I-94.

Question 23c: Status on form I-94. Indicate “Fiance K visa”

Question 24: Current immigration status: “Fiance Visa pending adjustment of status.”

Question 25a-25c: Name as it appears on your I-94.

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Part 2 – Application Type or Filing Category

Part 2 refers to which visa category you’re filing for with this I-485. 

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Question 1: For K-1 visa holders, you select “principal applicant”. For K-2 visa holders, select “derivative applicant”. Keep in mind all K-1 and K-2 applicants complete separate I-485 forms. Attach a copy of your I-129F approval letter (I-797) as proof. 

Question 2a-2f: Family-based adjustment. Since fiance K-1/K-2 visa holders are part of the “family-based” category, you select 2c as a K visa nonimmigrant.

Question 3a-3b: Employment-based. This doesn’t apply to fiance visas.

Question 4a-4i: Special immigrant. This doesn’t apply.

Question 5a-5b: Asylee or Refugee. Not applicable.

Question 6a-6b: Human trafficking victim or victim of qualifying criminal activity. Does not apply to K visa.

Question 7a-7h: Special programs based on certain public laws. Doesn’t apply.

Question 8a-8e: Additional options. Doesn’t apply.

Question 9a-9c: Additional alien worker information. Doesn’t apply.

Question 10: Regardless of visa category, select if any of the following apply to you: VAWA, U nonimmigrant recipient, or T visa recipient.

Question 11: INA Section 245(i): Depending on what, if any, inadmissibility you have, select the appropriate “yes” or “no” response. If yes, you must provide an additional “supplemental A form”. This typically doesn’t apply to K visas unless you have some qualifying inadmissibility. 

Question 12: Information about your immigrant category. Provide the receipt number of your petition. For K visas, it’s the I-129F USCIS receipt number. See the sample I-485 below to compare.

Question 13: Priority date from underlying petition. Doesn’t apply to K visas.

Question 14a-14c: For derivative applicants (such as K-2 visa holders), enter the name of the parent beneficiary (K-1). Leave this blank if you have no such principal applicants.

Question 15: Principals applicant’s A-number.

Question 16: Principal applicant’s date of birth

Question 17: Receipt number of principals applicant’s petition (I-129F receipt number).

Question 18: Priority date of petition. This doesn’t apply to K visas. Leave it blank.

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Part 3 – Additional information about you

Part 3 refers to current or past physical addresses and employment details. 

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Question 1-4: Have you applied for an immigrant visa for permanent residency at a consulate abroad? Keep in mind, Fiance K-1 visas are labeled “non-immigrants”. So, most of us select “no”. However, if you have applied for an immigrant visa in the past (such as CR1 spousal), then select “yes” and provide the city, country, date, and decision of that past application.

Question 5a-5h: Address history. Provide your physical address for the last 5 years. Start with your current address. This is most likely your US address where you live with the US petitioner. Start with street number and name, apartment, city or town, state, zip code, province, postal code, and country. 

Question 6a-6b: Provide the date when you began to live here. This is when you entered the US with a K-1 / K-2 visa.

Question 7a-7h: Physical address 2: Most K visa applicants have lived in their home country before coming to the US and getting married, so provide that address. This will most likely be a foreign address. In question 8a-8b, provide the dates of when you have lived there. If you need more space to write additional entries to make up the last 5 years of records, continue to write them in Part 14 additional information. See below for instructions on how to write the entries.

Question 9a-9h: Provide the most recent address if you lived there more than 1 year. This may not necessarily be the same address that you entered in question 7. In question 10a-10b, provide the dates of this corresponding residency. 

Question 11-13: Employment history. Start with your most-recent employment first, if within the last five years. If you have no employment history in the last 5 years, then write “unemployed” in the section (as per I-485 instructions). However, if you have work history (probably outside the US), provide street number and name, apartment, city or town, province, postal code, country, and your occupation. Finally, in question 14a-14b, provide the dates of this employment. Provide your best guesses for the dates, if unknown. 

Remember, you either write your employer’s information (if working, “self-employed”, “part-time”, etc.), or you write “unemployed”. Don’t leave this part blank and there should be no gaps in the time to make up the last 5 years of history (as per I-485 instructions).

Keep in mind, K-1 and K-2 visa entrants cannot work in the US upon arrival (without EAD/AP work authorization), you probably have no work history in the US, unless you were here earlier on a different visa. 

Question 15-17: repeat employment history for the next most-recent employer within the last 5 years. If you’ve had none, write “unemployed” or “n/a” if you already wrote unemployed before.

Question 19-21: provide your most-recent employment outside the US. This question only applies if at one point in the past, you’ve had employment outside the US which wasn’t listed in question 11 or 15. Otherwise, leave this section blank. Then in question 22a-22b, list the start and end dates of employment.

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Part 4 – Information about your parents

Part 4 asks for biographical details of both of your parents. 

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Questions 1a-1c: Parent 1’s legal name: select either mother or father first and input their complete legal name (current). 

Question 2a-2c: Provide your first parent’s name, if different at birth (e.g. if your mother had a maiden name, etc.).

Question 3: Provide the date of birth for your first parent.

Question 4: Select gender for your first parent.

Question 5-8: City, town, country of birth. Provide the current city, town, and country of residence (if living). If the parent is deceased or if details are unknown, write it so.

Question 9a-9c: Select the remaining parent, either mother or father, and write details.

Question 10a-10c: Provide parent 2’s name if different at birth.

Question 11: Date of birth.

Question 12: Gender

Question 13-16: City, town, country of birth. Provide the current location of where they live. Again, if this parent is deceased or if the details are unknown, say so.

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Part 5 – information about your marital history

Part 5 deals with your previous marriages, if any. 

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Question 1: What is your current marital status? For K-1 visa applicants, choose “married”. For K-2 visa applicants, choose “single, never married”.

Question 2: Indicate if your current spouse (i.e. the US petitioner) is a member of the US Armed forces or US Coast Guard. Select either “yes”, “n/a”, or “no”.

Question 3: List the number of you were married (include annulments and marriages to the same individual). You must write a numerical number: either “0”, “1”, and so on…

Your current marriage. From question 4a-4c: provide your current spouse’s name (i.e. the US Petitioner). For K-2 visa applicant’s, this doesn’t apply. 

Question 5: Provide your spouses (US petitioner’s) current A-number, if any.

Question 6: Date of birth.

Question 7: Date of marriage (as per official marriage certificate).

Question 8a-8c: City, town, state, and country of birth.

Question 9a-9c: The place of your current marriage. Provide city, town, state, and country. For K-1 visa applicants, this will always be a US state and city.

Question 10: select “no” that your spouse is not applying for permanent residency with you (your spouse is already a US citizen). For K-2 visa applicants, leave it blank.

Question11: Prior marriages (if any). 11a-11c: provide the complete name of your most-recent divorced partner, if any. The name is before marriage, maiden.

Question 12, 13: List this previous partner’s date of birth and date you married.

Question 14a-14c: The location of previous marriage: city, state and country. 

Question 15: Provide the date it was legally terminated by court.

Question 16a-16c: indicate where (city, town, state, country) this previous marriage was terminated in court. If you have more than one previous marriage, write the remaining marriages in Part 14.

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Part 6 – information about your children

Part 6 deals with any / all children you may have.

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Question 1: Write the numerical number of how many children you currently have (living, only) regardless of their age, custody, marital status, whether they’re biological, adopted, out of wedlock, or stepchildren, and regardless of where they were born. This means you include all K2 visa children, any other children who didn’t get a visa… and also include the US petitioner’s children (i.e. your stepchildren). 

In the questions below, list each child one by one.

Question 2a-2c: Provide the current legal name of the first child. 

Question 3: Provide an A-number, if any.

Question 4: Date of birth.

Question 5: Country of birth.

Question 6: Select whether this child is applying the I-485 with you. If you have K-2 visa applicant’s, select “yes” accordingly.

For questions 7a-11 and 12a-16, repeat the entries for remaining children, if any. If you have more than 3 children, provide the remaining entries in Part 14, additional information.

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Part 7 – Biographic Information

Part 7 is a short section which asks for your biographical details and features.

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Question 1: Choose ethnicity

Question 2: Race

Question 3: Height

Question 4: Weight

Question 5: Eye color

Question 6: Hair color

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Part 8 – General Eligibility and Inadmissibility Grounds

Part 8 is an in-depth, and often repetitive, series of questions relating to your past criminal or security records, if any. Most applicants don’t have problems with these.  For the sake of thoroughness, please review each question one by one.

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Question 1: Have you ever been a member of any group, association, fund, club, society, etc. This innocuous question intends for you to disclose associations or memberships you may have had in the past. Select “yes” or “no” accordingly. If you select “no” and are unsure, write the details in Part 14 or on another sheet of paper.

Question 2-4: Provide the details on the first organization, if any. Provide name, city, town, state, country and nature of group. In questions 5a-5b, provide the dates of when you were an active member.

Questions 6-9b: repeat the entries for the next organization, if any.

Question 10-13b: repeat for additional entries.

Question 14- 24c: select “yes” or “no” to any of these immigration-related questions. If you’re unsure, provide your best guess and write an explanation in Part 14. If you select “yes” to any of these, provide supporting evidence. For the sake of brevity, we won’t go through each of these questions in detail, so please read them on your own. Most of these questions deal with past immigration history or violations which may lead to ineligibility of adjustment of status. Examples include being refused entry, denied a visa, having been deported, working without authorization, or even being a J visa applicant who’s subject to the 2-year residency requirement.

Questions 25-45: Criminal acts and violations, including drug abuse. Provide honest details about any/all past criminal activities, being arrested, cited, charged, sentenced, pleading guilty, imprisoned, detained, jailed, sent to probation, or doing community service. If any of these apply, regardless of where in the world the event occured, select the response accordingly. In addition, explain the situation in Part 14 or on another sheet of paper. For brevity’s sake, we won’t go each one. So, please carefully read the questions relating to: drug abuse, criminal offenses, commercialized vices, benefited from human/drug trafficking, money laundering, and a host of other listed offenses.

Questions 46a-50: security and related. These next set of questions ask if you’re going to be (or intend) to be a security threat or risk to the US. Again, read each line carefully and answer truthfully. If you select yes to any of these, provide an explanation. These questions include: espionage, theft of sensitive technology, etc.

Questions 51a-51f: if you’re the spouse or child of anyone who’s ever committed the listed crimes and security concerns, select the appropriate response. 

Questions 52-60: Again, select the appropriate responses if you’ve been involved in institutionalized violence or human rights violations.

Question 61: Public charge and Declaration of Self-Sufficiency (form I-944). Fiance K-1 and K-2 visa applicants are subject to INA 212(a)(4). Therefore, you must fill out both form I-864 and I-944. Fiance visa applicants are NOT exempt from public charge grounds of inadmissibility (unless you qualify for one of the criteria explained in questions 62a-62g). However, the vast majority of applicants select “no”.

Questions 62a-62n: This list of exemptions may apply to K visa applicants, but for most applicants, they don’t. The only possible exemption you may have is if you’re in the US and have earned the 40 qualifying quarters before with a different visa. In that case, you may not have to file the I-864. But otherwise, you must file the Affidavit of Support. If you qualify for the other listed criteria, select the response.

Question 63a-69: Illegal entries and other immigration violations. This series of questions ask about past immigration violations or illegal activity. For instance, if you didn’t appear for removal proceedings, submitted fraud documents (misrepresentation), or entered without inspection and so on. Select the responses and provide an explanation in Part 14.

Question 70-73b: Removal, unlawful presence, or illegal reentry after previous immigration violations. These handful of questions ask about previous unlawful entries or presence, deportations, exclusions or removals. If the K visa applicant has ever been in the US illegally or entered without inspection, select the appropriate response. For most K visa applicants, past overstays are usually waived, however, you must disclose the history. 

Question 74-80b: Miscellaneous conduct. The final set of questions are miscellaneous inquiries about past actions. These include violations in the US, renouncing US citizenship to avoid taxes, deserting the US armed forces, and so on.

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Part 9 – Accommodations for Individuals with Disabilities…

Part 9 is a request, if you’re a disabled person, for accommodation during your green card interview once/if your application for adjustment of status is approved.

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For question 1-2c: select which accommodation, if any, you’re requesting for your interview. If you are not disabled or don’t wish to request it, select “no” for question 1.

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Part 10 – Applicant’s Statement, contact information…

Part 10 is short section asking for some final contact information

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Question 1a-1b: Select whether you can understand and read English on your own, and have completed the form on your own OR if you used an interpreter (someone to translate) and help understand the questions. 

Question 2: Select this only if you used a “preparer” to help organize, assemble, and prepare the I-485 packet. Leave unselected if not.

Question 3-5: Provide your telephone number, mobile number, and email address.

Question 6a-6b: sign your name in black ink (“wet signature”) after you print out the form. Provide a date under the signature.

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Part 11 – Interpreter’s Contact information, certification…

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In Part 11, provide information about any interpreter you may have used. An interpreter is anyone who translates the form. They must be competent in both the language you speak and in English.

Question 1a – 7b: the interpreter provides his/her name, address, business (if any), contact information, the language being interpreted, signature, and a date.

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Part 12 – Contact information, declaration, signature of preparer

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A preparer is anyone who helps prepare your forms, fill out answers, or assemble the packet. This section asks the preparer to provide their information.

Questions 1a-8b: the preparer provides his/her name, address, business (if any), contact information, signature, and date. If the preparer is a licensed attorney, declare it.

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Part 13 – Signature at Interview

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Leave this section blank for now. You will get an opportunity to fix things at the Green Card interview, affirm that the statements are true, then sign it in front of the USCIS officer. 

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Part 14 – Additional Information

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Part 14 is additional information where you can freely write explanations, additional entries, or clarifications to any question in the I-485. Your name and A# will auto populate on top of the form.

Entry 3-7: Write the page number, part number, and item number of the question you’re referring to. Examples of what goes in these entries include…

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• ● Additional entries – if you ran out of space, write the extra entries here. An example includes Part 3 question 19-22b, where it asks for employment history. This space only gives enough to list 3 past employers. If you’ve had more than 3, write the remaining employers here in Part 14.
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• ● Write full details – if there wasn’t enough space for the full answer, write it here. For example if you needed more space to write your street name and address and it didn’t fit within the text box, do it here.
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• ● Explain things – write statements for things that need clarifications. For example, if you had a previous criminal incident and checked “yes” to one of the boxes, explain the details here.
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• ● Many more reasons to use Part 14.

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Note that it’s not necessary to write details in Part 14. If you prefer, you are allowed to write information on a separate sheet of paper rather than using copies of page 20.

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Download a completed I-485 example

Now that we’ve gone through each question, let’s look at a sample I-485.

In our example here, K-1 visa holder Ana Doe (beneficiary) applies for her I-485 Adjustment of status. Ana is from Brazil and recently came to the US to marry her partner. She has four young children on a K-2 visa. Her sample I-485 form is below.

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Download the I-485 sample

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Her circumstances are made up and her background information is generic. However, you may use this example to help you build your own form. 

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What happens after you submit?

Once you’re done answering questions and have double checked everything, print out the I-485 form on a standard paper (letter 8.5×11 inch). Do not print double sided.

Then, attach supporting documents and prepare a final packet (the steps of which are explained elsewhere on my website).

Include a fee… the amount of which is based on criteria like age and who you’re filing with. For most applicants, the total is $1,225 per person. It’s less for children.

Mail the completed package to the I-485 direct filing address (the Chicago Lockbox). Be sure to pick the correct Lockbox or your mail may never reach its destination.

After you send the forms, the processing timeline is:

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• ● 1-2 weeks for the Lockbox facility to review your paperwork and forward it to the USCIS service center. In the meantime, they also cash your payment.
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• ● 1-2 weeks to get a notice of receipt (I-797c) that the USCIS has received your petition.
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• ● 8-12 Months before you appear for the actual Green Card interview.

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In general, the process takes up to 8-12 months for most applicants.

While your case is processing, fiance visa holders must stay in the US. You cannot leave or work until / unless you get the EAD / AP card for temporary authorization. 

See the complete list of steps of what happens after marriage on a K visa and during the Green card process for fiance visa applicants.

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