For the lucky people who don't need to know, US INS stands for United States Immigration & Naturalization Service. You have to deal with them when you want a US entry visa, "green card" and other such stuff. In early 1996, after my hunny and I decided that I would move to the USA in December, we started applying for the K-1 fiancee visa, which would allow me to enter the US, get married to him *BEAM* and live here. Since the INS aren't known for being particularly helpful or friendly, getting information from them was/is like digging out a swimming pool with a rusty teaspoon. Unlike them, Duckee is helpful and friendly and is happy to dig into her little brain to find useful info to share with you. This section of Duckee-ville chronicles my experience with the INS from Day 1 of my K-1 application up till now.
A Duckee Disclaimer (applies whether you read it or not): Duckee does not give legal advice! Please harass your lawyer and/or consult immigration law books for that. Any information you absorb from Duckee's pages and/or emails may be used only at your own risk. If you get deported, sued, shot, jailed and/or charged with immigration fraud, it is NOT Duckee's fault and/or problem. This is NOT to say Duckee is incorrect. Everything stated here is accurate to the best of Duckee's knowledge (which may not be vast but will suffice). Anyone who tries to put words in Duckee's mouth will get their fingers masticated and severed. Duckee takes no responsibility whatsoever for anybody's mental, physical, spiritual and/or financial well-being. Duckee believes in freedom of speech, so you can say anything you want, just don't expect Duckee to care. Consider yourself warned of all possible consequences.
Duckee is NOT an information service. These pages are provided only as a resource for you. Do NOT email Duckee with questions which are by invitation only! Duckee has NO experience to ANY extent with immigration rules and/or laws other than those appropriate to the K-1 visa and subsequent paperwork. Please also note: Duckee's experience is with the Nebraska Processing Center, Seattle INS office and US Consulate in Hong Kong only. Regulations and paperwork may vary from state to state and country to country, and new laws have also been coming into effect, so check with your local INS office or consulate for exact requirements and documentation.
Well, now that we've gotten through all that twaddle, please feel free to look around : )
Basics -- The K-1 is a non-immigrant visa which allows you to enter the USA to get married to a US citizen. First, the US citizen files on behalf of his/her fiance. After that petition is approved, the non-US fiance is contacted by the US Consulate in his/her home country. The non-US fiancee another set of papers (typical!) and is interviewed before the visa is issued. After your marriage, you must file for adjustment of status to become a conditional permanent resident. Essentially, you are allowed to work from the day you arrive (provided you have all the right paperwork submitted at the right time). After two years of marriage, you submit another set of papers to have the "conditional" removed and become a plain old permanent resident, which means you can live in the US, travel in & out of the US, and basically have most of the rights a citizen would have.
Who is eligible? -- An alien (people who are non-US citizen - nice word eh?) who intends, and is able, to marry a US citizen. You must have met in real life at least once within the last two years and have a real relationship (getting married just so the alien can get US citizenship is immigration fraud and a big no-no).
Deadlines -- From date of issue, the K-1 visa is valid for 180 days. After arrival in the US, the marriage must take place within 90 days. After you get married, and within the same 90 day period, you must file Form I-485 for Adjustment of Status.
Adjustment of Status -- the K-1 is essentially a non-immigrant visa. What that means is that it does not give you the right to live in the USA. K-1 holders can enter the US once and get married. That's it. After that, you must file for conditional permanent residency. You are interviewed (with your US citizen husband/wife) to check that your marriage is real and not just for immigration purposes. Two years later you file (more paperwork! woo!!) to have the "conditional" removed and become a permanent resident. Sometime after that (I don't know when or how) you can naturalize and become a US citizen if you want. In Seattle this is all done at the local INS office.
Working -- you are allowed to work from the time you arrive in the US on your K-1 visa. You must make sure that they stamp "Employment Authorized" on your I-94. At the same time that you file for adjustment of status, you also apply for an employment authorization document/card (EAD). This EAD is valid for one year from date of issue. As a conditional permanent resident, you will be allowed to work without needing an EAD. If your 90 day deadline expires before you get your EAD, you may or may not be allowed to keep on working if you already have a job (nobody was able to give me a clear answer) so get married and file early!!!!
Traveling outside the USA pending adjustment of status -- after you submit your application, there is a few month long period in between when you are basically "status-less". During this time, you are not allowed to leave the USA, if you do, you cannot re-enter and will have to go through another paperwork-hell to get back. If you really must leave the US, you can file for advance parole . I have less than no idea how you do this so don't even ask.