In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: I have married a different petitioner than the one who filed my K-1 fiancé visa, can I still apply for my green card?
– The K-1 fiancé visa allows you to marry only the original US citizen petitioner that filed your K-1 fiancé visa
–The K-1 fiancé visa does not allow you to enter the United States and later adjust your status to permanent residence within the United States, while married to a different person
– It is possible for you to proceed with an adjustment of status from your home country, if you have now married a different person than the one who petitioned for your K-1 fiancé visa, through a process known as consular processing
–Couples who are concerned about the impact of physical separation on their relationship may consider the K-3 visa as an alternative to consular processing
–If you have accrued unlawful presence in the United States you will be subject to a bar and will need to file a waiver before applying for permanent residence