11. What is the process to have the conditional resident status for my spouse removed?
You are required to file a petition with the USCIS to have the conditional resident status removed. The petition must be filed 90 days before the second anniversary of your spouse being admitted into the U.S on an immigrant visa, or adjusting status on marriage, if your spouse entered on a fiance visa.
12. I will not marry within 90 days of my fiance's arrival in the U.S. Can we still apply for a fiance visa?
No, if the marriage will not take place within 90 days your fiance’s arrival in the U.S., it will not be possible to process an application for a fiance visa. If your intent is to eventually marry in the U.S. Visa free travel under the Visa Waiver Program or a nonimmigrant visitor or work visa is not appropriate.
13. Can we apply for K-1 visa while my fiancee is in the U.S.?
The K-1 fiance visa processing times vary with each individual’s circumstances. Under normal circumstances, it takes 3 to 5 months at the USCIS plus 2 to 3 months at the Consulates to process the visa.
14. If I cannot sponsor my fiance how can my fiance reside with me in the U.S?
Your fiance will be required to qualify for a visa either in one of the employment based preference categories, or through the Diversity Visa Program commonly known as the Green Card Lottery.
15. Can my fiance or fiancee work in the U.S. before we marry?
The USCIS may grant permission for your fiance to take up employment in the U.S. before the marriage takes place. To obtain Employment Authorization your fiance will need to file Form I-765, Application for Employment Authorization, with the USCIS Service Center which covers your fiance’s place of residence in the U.S after your fiance’s arrival there.
Note: The USCIS is currently taking 90-120 days to process EAD applications and the authorized stay for a K-1 fiancee is only 90 days, therefore you may not receive the EAD in a timely manner, The EAD can only be valid for the period of authorized stay.