In usa on k1 visa

[Steven&Jelena 12]

Hello everyone, I really need some help. . . Im in usa on k1 visa, me and my fiance will get married soon, we also have 2 months old baby boy who is now a us citizen.. What I want to know is what is next step after we get married. Do i apply for a green card or??? How long I have to wait? And since i will not have the same last name after we get married my passport will no longer be valid/ Do i have to get a new passport? Can i go back to visit my family in Serbia (my home country)..or no? How long after i can leave usa? Is it true that i cant leave usa for 5 years???? Please anyone who hes experience with this may help me??

[Anh map 2,098]

Read the adjustment of status guide here on VJ. That is the next step after you marry.

No, you do not have to wait 5 years to travel. It may be a few months after you file for adjustment of status before you can travel.

[Cathi 5,748]

read the guides at the top of the page

[Ontarkie 14,221]

~~Moved to AOS from Family Based Visas, from K1 P&P~~

[Dashinka 24,493]

The previous responses have already directed you to review the AOS guides for your next steps, which is best to do from a PC. As to your passport, this you need to research with Serbian immigration. Many women (my wife included) have their passports in their maiden name allowing them to travel back to their home country with little issue. This usually requires purchasing airline tickets in their maiden name and keeping a copy of their marriage certificate with them when re-entering the U.S. in case there are questions regarding a different name on their advanced parole (AP) or green card (GC). I know in Russia, changing a passport name is a very long and complicated process, but I cannot speak for Serbia.

As to your question about leaving the U.S., many people get this wrong. Anyone can leave the U.S. at any time, the problem is usually about getting back in. Being here on a K1, you will need to file the AOS after marriage and apply for an AP at the same time (no extra cost). Once you receive the AP card or GC you can re-enter the U.S. Which usually takes less than 90 days for the AP (somewhat longer for the GC). If you were to leave prior to receiving the AP or GC, then your husband would most likely need to file for a spousal visa to get you back in.

Good Luck!

Edited February 7, 2016 by Bill & Katya