Everything You Need to Know About Fiance Visa Adjustment of Status Applications...
Are You Marrying a Non-US Citizen?
The fiance visa process allows for a United States Citizen to marry their non-US citizen fiance to enter the United States and get married within 90 days. After marriage, the fiance (who is now the spouse) and any unmarried minor child who entered the US on a K-2 visa, may apply for adjustment of status by filing USCIS Form I-485.
File Your Adjustment of Status
The husband/wife of a USC (United States Citizen), who has fulfilled the terms of the K-1 Visa by marrying their USC spouse within 90 days, files to adjust their status under INA § 245(d). The K-1 visa holder, after marrying their USC-spouse, will file USCIS form I-485, the USCIS application fee, and all of the supporting documentation. If your green card is granted within two years of being married, USCIS will issue a conditional residence green card that will require the conditions removed when you are within 90 days of the green card expiration date.
What If I Have A Non-Married, Minor Child/Children?
If your fiance arrives in the US with a minor child - an unmarried child under 21 years old at the time of entry on the K-2 visa - then the K-2 visa holder may also adjust status under INA § 245(d). The K-2 visa holder can apply to adjust their status to a green card holder even if the minor child is over 18 years when the minor’s child parent marries the USC because the child is not entering the US as a step-child of the USC. Plus, the K-2 visa holder is eligible to adjust their status even if over 21 years old when they file the adjustment of status application (USCIS Form I-485).
USCIS issued a memo on March 15, 2007 that told its officers that 8 C.F.R. § 214.2(k)(6)(ii) controls for adjustment of K-2 visa holders who are unmarried but under 21 years old at the time of entering the US on the K-2 visa. The memo specifically says that officers should NOT limit the adjustment of status of K-2 aliens to persons under the age of 18 based on the term “minor child” as it appears in INA § 245(d).
Summary:
A fiance who enters the US on a K-1 Visa and marries their USC petitioner, can apply for a green card by filing USCIS Form I-485. Plus, a K-2 Visa holder, minor child of the K-1 visa holder, is also eligible to apply for a green card as long as the K-2 visa holder entered the US before turning 21 years old, and the K-1 visa holder marries the USC petitioner within 90 days of entry.
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