Marriage and Adjustment of Status

When a U.S. citizen decides to marry a foreign-born person who is here in the U.S., then that person may be eligible to adjust if:

1. he/she entered the U.S. with inspection;
2. he/she has not committed a serious crime;
3. he/she entered without inspection but is covered by the provisions of 245(i), a special program which expired on 04/30/2001.

Assuming that the foreign spouse is eligible to adjust, then a “one-step” process can be used, where the I-130 and I–485 can be filed together, and sent to the USCIS. At the time of filing, work and travel documents can also be applied for, assuming the applicant is eligible. The applicant will eventually receive a notice for fingerprinting (biometric appointment) and then later an interview notice. A personal interview, with both spouses, will be conducted at the local USCIS office. Assuming that all necessary documents have been presented, the application will be approved, and the status of conditional resident (CR) or lawful permanent resident (LPR) will be granted. 

When the parties have been married for less than two years, the green card is approved for only a conditional, two-year period. Three months before the end of this period of time, the CR should file form I-751 to remove conditions, and then a permanent (valid for 10 years) card will be issued.

The period of time spent in both CR and LPR status does count towards the requirements for naturalization.

Temporary Visas for Fiancé (es) and Spouses of U.S. citizens

K-1, K-2, K-3, and K-4

1. K-1 and K-2

When a U.S. citizen wishes to bring over a fiancé (e), he or she will need to demonstrate that he /she has met their intended partner within the past 2 years, that both parties are free to marry, and that there are sufficient financial resources to support the future spouse.

After the I-129 F is approved, the K-1 visa will be issued to the fiancé (e) and the K-2 visa can be issued to the child of the K-1 fiance (e), and then they will enter the U.S. Within 90 days of entering the U.S. the parties must marry, and then the K-1 and K-2 applicants can apply for adjustment of status. If the K-1 fiancé (e) does not marry, he/she will be out of status after the 90-day period, will not be eligible to change visa status to any other designation, and will be expected to depart from the U.S.

2. K-3 and K-4

When a U.S. citizen has already married a foreign spouse, then instead of the K–1, he/she can apply for the K-3 visa to enter the U.S. In order to be eligible for the K-3 visa, the applicant must show a receipt from a previously filed I-130 petition, proof of the relationship and a copy of the marriage certificate.

After the I-129 F is approved, the K-3 visa will be issued to the spouse and the K-4 visa can be issued to the child of the K-3 spouse, and then they will enter the U.S.

After entering the U.S., the K-3 spouse and K-4 child can apply for adjustment of status to lawful permanent resident.