Cincinnati, OH asked in Immigration Law for Ohio

Q: What happens to my 129-F application if my fiancé and I decide to register our marriage in their country instead?

I have an 129-F form for a K1 Fiancé visa that I submitted regarding my fiancé, a South Korean national. Our case was received by USCIS on 10/18/21.

Due to the processing time continuously increasing, I’m trying to brainstorm some ideas. If I have the opportunity to go to South Korea for a couple of weeks, and we decide to just go ahead and get married/register our marriage in Korea, how does that affect our current case?

Would we be able to submit the adjustment of status application while the K-1 Fiancé visa is still pending?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Once you get married, you fiance visa petition will be a thing of the past. You will need to sponsor your spouse for a green card.

A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”. This means that there is no limit on the number of people who can obtain green cards through marriage to US citizens.

The US citizen starts the process by submitting a form I-130 visa petition on behalf of his/her spouse. If the spouse entered the US lawfully, he/she can file for Adjustment of Status (Form I-485) at the same time and get a green card without having to leave the US.

If your spouse is outside the US:

The process begins when the US citizen spouse submits a visa petition to the USCIS. The same items which are listed above should be attached to the I-130 form plus government filing fees.

Once the I-130 is approved, the foreign-born spouse will receive a packet from the US National Visa Center (NVC). The packet will list various documents which must be submitted to the NVC (e.g., passport, police clearances, results of medical examinations, etc.). The packet also includes certain forms which must be completed. A check for filing fees is required. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within a few months of your submission of the required documents to the NVC.

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