The United States Citizenship and Immigration Services (USCIS) has laid out the full set of requirements that a foreign individual entering the country on a fiancé visa must meet in order to apply for a Green Card.
Under US immigration rules, an American citizen can file a petition on behalf of a foreign fiancé(e), allowing that individual to migrate to the United States on a K-1 nonimmigrant visa.
Once admitted, the foreign national has a 90-day window to marry the US resident who submitted the petition on their behalf.
What makes a K-1 visa holder eligible for a green card?
After the marriage is performed within the 90 days, the foreign spouse is eligible to apply for lawful permanent residence status, also known as a Green Card. Here are the conditions they need to meet:
- The applicant must fill out Form I-485, Application to Register Permanent Residence or Adjust Status.
- USCIS has stated that applicants must be physically present in the United States at the time of filing.
- The applicant must have legally married the petitioning US citizen within the specified time range.
- The candidate must also be eligible to get an immigrant visa.The applicant must not be barred from adjusting their status.
- The applicant must be eligible for lawful permanent residency or qualify for a waiver.
- USCIS also has discretion in approving each case.
- Applicants must have entered the country with a valid K-1 nonimmigrant visa.
- The applicant must have legally married the petitioning US citizen within the specified time range.
When a K-1 visa holder marries their US citizen petitioner within 90 days of admission, they are considered an immediate relative under US immigration rules, which means that an immigrant visa is instantly available to assist the Green Card application.
Green Card: Options for Those Who Do Not Marry
Foreign nationals who enter on a K-1 visa but do not proceed with the marriage face significantly restricted pathways.
According to USCIS, such persons cannot normally modify their status under any other Green Card eligibility category.
There are some narrow exceptions. Individuals awarded U nonimmigrant status, which applies to victims of certain qualifying criminal behavior, or T nonimmigrant status, which applies to victims of severe types of abuse, may apply for a Green Card under the eligibility category that best fits their circumstances.
Alternatively, a foreign person may choose to leave the United States and apply for a Green Card from another location.
US announces New requirements for 2-year Green Card holders
Meanwhile, we recently revealed that the US government has sent an important reminder to foreigners holding a two-year Green Card, warning that failure to act by a particular date may result in them losing their permanent resident status entirely.
The petition must be filed within the 90 days prior to the Green Card’s expiration date, according to USCIS.