Q&A: How can I get my status adjusted if I married my fiancee in another country?
Question: I am a US citizen and I filed for a fiancee visa for my fiancee who lives in India. It just got approved. The visa interview is scheduled shortly. But we got married in India even before the visa interview and traveling to USA. We finished our religious ceremony here as most of our relatives are here in India. When I applied for the fiancee visa, she was my fiancee. I had believed that I would be able to adjust my status before travelling to the states, but I am unable to find any means to do this. I would like to ask what to do in this case as we have married before travelling to the US and the stipulated 90 day period?
Answer: If you are legally married she will not be eligible for the K-1 visa. Instead, you will need to file a new I-130 petition with the USCIS. Once approved, she can get an immigrant visa to come to the US. If, however, your marriage is not legally valid (just religious ceremony), she may still get K1 visa to come to the US and then you marry her in the US within 90 days.