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

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:

• You properly file 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;
• You were inspected and admitted to the United States on a K-1 nonimmigrant visa;
• Within 90 days of being admitted into the United States as a K-1 nonimmigrant, you entered into a bona fide marriage with the U.S. citizen who filed Form I-129F, Petition for Alien Fiancé(e) for you;
• You are eligible to receive an immigrant visa;

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.

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:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of the Form I-797, Approval Notice for the Form I-129F filed on your behalf;
• Copy of your marriage certificate;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of your passport page with nonimmigrant visa;
• Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

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;

• Form I-864, Affidavit of Support Under Section 213A of the INA or Form I-864EZ, Affidavit of Support Under Section 213A of the Act or Form I-864W, Intending Immigrant’s Affidavit of Support Exemption (whichever applies);
• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as when we request it or in person at your interview, if any);

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.

• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable); an
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement).

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.

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.