Green Card for Fiancé(e) of a U.S. citizen

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Adjustment of Status for Fiancé(e)

U.S. immigration law allows a U.S. citizen to petition for a foreign national fiancé(e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days after being admitted as a K-1 nonimmigrant, the foreign national must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé(e), on his or her behalf. For more information, see Fiancé(e) Visas.

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Eligibility for Adjustment of Status

You may be eligible for a Green Card based on your admission as a K-1 nonimmigrant if you meet the following requirements:

Note: You are eligible to receive an immigrant visa if you enter a bona fide marriage with your U.S. citizen petitioner within 90 days after being admitted as a K-1 nonimmigrant;

  • An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

Note: An immigrant visa is always available to you if you marry your U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. Once you marry, you are treated as an immediate relative;

  • None of the applicable bars to adjustment of status apply to you;
  • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
  • You merit the favorable exercise of USCIS’ discretion.

How to Apply

If you are currently in the United States and meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card. You must have married your U.S. citizen petitioner within 90 days of being admitted to the United States as a K-1 nonimmigrant.

When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.

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What to Submit (K-1 Nonimmigrant Applicants)

If you were admitted to the United States as a K-1 nonimmigrant, you should submit the following documentation and evidence:

Note: If CBP provided you with an electronic Form I-94 upon you arrival/admission to the United States, you may print out a paper version of the Form I-94 from CBP website at www.cbp.gov/I94;

Note: If you received a medical examination before being admitted to the United States, you may not need to have another examination but you must still show proof that you complied with the vaccination requirements. See the Form I-693 Instructions for more information.

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver.

Conditional Approval

If you have been married to the U.S. citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216. You will need to meet additional requirements and file a Form I-751, Petition to Remove Conditions on Residence before USCIS will remove those conditions. Go to our Conditional Permanent Residence page for more information.

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Family Members

If you are the child of a K-1 nonimmigrant and you were admitted to the United States as a K-2 nonimmigrant, you may apply for a Green Card if your parent married the U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.”  You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card.

Eligibility Criteria for Adjustment of Status as a K-2 Nonimmigrant

In order to be eligible for a Green Card as a K-2 nonimmigrant, you must meet the following requirements:

  • You properly file your Form I-485, Application to Register Permanent Residence or Adjust Status;
  • You are physically present in the United States at the time you file your Form I-485;
  • Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner;
  • You are eligible to receive an immigrant visa;

Note: You are eligible to receive an immigrant visa if you were admitted as a K-2 nonimmigrant and your K-1 nonimmigrant parent married the U.S. citizen petitioner within 90 days;

  • You have an immigrant visa immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

Note: An immigrant visa is always available to you if your parent marries your U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. After the marriage takes place, you are treated as an immediate relative;

  • None of the applicable bars to adjustment of status apply to you;
  • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
  • You merit the favorable exercise of USCIS’ discretion.

Employment Authorization and Advance Parole Documents

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.

If you need to leave the United States temporarily while your Form I-485 is pending, please see Form I-131, Application for Travel Document and its instructions for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

For further information, see our Employment Authorization and Travel Documents pages.

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She was perfect! It was such a luck to have Julia Greenberg referred to me by my acquaintance. She is the most caring and helpful attorney I have ever worked with. She is very professional and knowledgeable in the immigration law, and she gave me great advice! I appreciate most that she is always available by phone or returns missed calls shortly – this is something that many attorneys in NYC do not do or have their assistants do who never give the correct answer. I approached Julia to help me prepare for my citizenship interview since I had, frankly speaking, not an easy case, and she did the best  job I could expect. I could not imagine how my interview would have gone without her; her support was significant! If I ever have a question about any immigration matter I would definitely ask Julia for help again. Awesome

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