You can apply for a green card after K1 visa status through form I-485. It is important to understand who is eligible for a green card after K1 visa status and how to properly apply to avoid any setbacks in the process. This guide offers what you need to know about the process, including answers to frequently asked questions about adjustment of status following marriage on a K1 visa.
What You Should Know About Obtaining A Green Card After K1 Visa Status
Two important things to know about getting a green card after K1 visa status is that the visa holder must marry within 90 days of entering the country and how to apply for Adjustment of Status.
The K1 Nonimmigrant Visa Holder Must Marry Their Fiancé Within 90 Days
After a K1 visa is provided and the nonimmigrant is able to enter the country, they have 90 days after being admitted to get married. If the nonimmigrant is not legally married to the U.S. citizen that filed the I-129F within this 90-day period, then they risk deportation and are not allowed to apply for permanent resident status.
The Recipient Can Apply For “Adjustment Of Status” After Marriage
After the nonimmigrant K1 visa holder is married within the 90-day period of time after they are allowed entry into the United States, they can then begin the process of becoming a legal permanent resident and remaining in the United States with their new spouse on a permanent basis. This is done primarily through Form I-485, Application to Register Permanent Residence or Adjust Status.
Frequently Asked Questions About Adjustment of Status
Form I-1485 is the primary way to adjust your status after marriage on a K1 visa. However, the process is more complex than that. The following are answers to frequently asked questions about getting a green card after K1 visa status.
What Are The Eligibility Requirements For A Green Card After K1 Visa Status?
You must be in the United States when submitting Form I-485. You must also be here on a K1 visa, and the marriage must have taken place within the 90-day period that the K1 visa allows. You must not have any “bars to adjustment” or “grounds of inadmissibility.” If there are grounds of inadmissibility, then a waiver of inadmissibility may still allow you to receive a green card.
Why Might My Adjustment Of Status Be Denied By USCIS?
Your Form I-485 (Adjustment of Status) may be denied if you did not marry the U.S. citizen that filed the I-129F or if there are bars to adjustment or grounds of inadmissibility. Bars to adjustment refer to violations of immigration law or the act of committing certain acts that could not allow you to adjust your status.
Grounds of inadmissibility refer to a range of reasons laid out in INA 212(a) that would make you inadmissible to the United States. A waiver of inadmissibility can be filed to have the reasons waived and allow you to become eligible for a green card.
What All Must I Submit To Get A Green Card After K1 Visa Status?
You must submit Form I-485 with the USCIS to obtain a green card after K1 visa status. In addition to Form-1485, there are numerous other documents that should be included in the adjustment of status application. Some of the documents you will need to include are:
- Copy of Form I-797 (approval of your Form I-129F)
- Form I-864
- Form I-693
- Copy of your marriage certificate
- Copy of your birth certificate
- Copy of your passport page
- Copy of your government-issued ID
- Two pictures of yourself (passport-style)
Additional documents may also be required depending on your specific situation. For example, you will need to include Form I-601, Application of Waiver of Grounds of Inadmissibility, if you are considered inadmissible. The best way to determine what documents you need to submit is to speak with an immigration attorney during a consultation.
What Are The K2 Nonimmigrant Eligibility Requirements?
Children of the K1 visa holder are allowed to enter the country with their parent, and they are then allowed to apply for a green card if the parent married the U.S. citizen petitioner within 90 days of entering the United States on a K1 visa. The green card application for this is considered a “derivative applicant.”
Speak With The Immigration Attorneys At Pride Immigration
Call the Immigration attorneys at Pride Immigration today if you have questions or need assistance with the K1 visa and green card processes. Our team takes pride in assisting foreign nationals and their significant other in the U.S. through the K1 visa process. So why wait? Contact us online today to get started with the process.
Beeraj Patel, Esq.
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