K-1 Fiancé Visa and Adjustment of Status

A K-1 visa is granted to a fiancé of a U.S. citizen who seeks to enter the United States solely to marry the person who petitioned for him or her.  The K-1 visa holder and the U.S. citizen must marry within 90 days after the visa holder enters the United States.

A K-1 visa holder may adjust his or her status to that of Lawful Permanent Resident of the United States once he or she has been admitted to the United States, and has met the condition of marrying the petitioning spouse within 90 days of entering the United States.  The K-1 visa holder is treated as though he or she is already the approved beneficiary of a Petition for Alien Relative, and simply files a Form I-485, Application to Adjust Status.  If the marriage is less than two years old at the time the adjustment application is filed, the permanent resident status is granted on a conditional basis.

What happens if the K-1 visa holder and the petitioning spouse marry more than 90 days after the visa holder entered the United States?  If the K-1 visa holder and the petitioning spouse do not marry within 90 days of the K-1 visa holder entering the United States, then the K-1 visa holder may not adjust his or her status on the basis of the fiancé petition.  Once they marry, the petitioning spouse must file a Form I-130, Petition for Alien Relative, to classify the K-1 visa holder as an immediate relative of a U.S. citizen, and the K-1 visa holder may adjust her status based on that Petition.

If you are a K-1 visa holder and need assistance obtaining your green card, call our office today for a consultation.

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