Adjusting Status from K1 Fiance Visa to Permanent Resident
Upon issuance of a K1 Fiance Visa, your foreign fiance has 6 months to enter the US. On arrival, you will have 90 days to marry or your fiance must depart. So long as you marry in time, your new spouse is welcome to remain in the US and file an application for adjusting status to permanent resident Green Card holder based on marriage.
An application for adjusting status from K1 Fiance Visa to a Green Card should normally be filed prior to the expiration of the 90 day period of validity of the K1 visa.
However, that is also the time allowed to marry. In this case, it is normally not a problem to file the adjustment of status application within a few months after the expiration of the K1 status provided the marriage occurred in time.
Keep in mind that the K1 visa itself is a single entry visa. It is important that the K1 visa holder not depart the U.S. until international travel permission is obtained after marriage as part of the green card application process.
Call for Assistance — The time it takes to obtain a Green Card changes. Plan on it taking between 4 to 6 months or so, depending on where in the U.S. you live and current USCIS staffing.
Know All the Possibilities
It is possible to obtain special work authorization and also international travel permission within 3 months after marriage as part of green card processing. The work authorization will allow the foreign spouse to obtain a social security number, driver’s license, health insurance and the like, even before the green card is issued.
If a marriage fails while a green card application is in process, it can still be possible to obtain a green card based on that marriage. It is also possible for any dependent children to obtain green cards provided they enter the U.S. on K2 fiance child dependent visas prior to turning 21 years of age.