K1 Fiance Visa Lawyer – K-1 Adjustment of Status Important Updates

Filing for a Green Card after arriving to the US on a Fiance Visa is a very confusing topic for many Immigrants. Once the fiancé(e) has entered the United States he/she must get married within 90 days of the fiancé(e)’s arrival in the United States. Once the marriage takes place the Petitioner must file Form I-485 Adjustment of Status with United States Citizenship and Immigration Services (USCIS) office.

Recent case law, provide some guidance on particular issues affecting the Adjustment of Status of certain applicants. On March 17, 2011, the BIA issued Matter of Sesay, in which it concluded that there is no requirement that a K-1 fiancé(e)’s marriage to the I-129F petitioner remain intact in order for the K-1 to adjust status.

On June 23, 2011, the BIA issued Matter of Le, in which it cited Sesay and ruled that there is no requirement that a K-2 remain under 21 years of age in order for the K-2 to adjust status.

USCIS has drafted guidance related to Matter of Le and Matter of Sesay. This guidance is currently undergoing internal review and should be issued soon.

Also, keep in mind that Sesay addresses only whether a visa as an immediate relative is available. The applicant must still establish the he or she is admissible as an immigrant, and that he or she merits a favorable exercise of discretion. 25 I&N Dec. at 441. Admissibility must exist on the date of adjudication of the adjustment application. 8 CFR 103.2(b)(1).

Please keep in mind though that, a K1 fiance visa holder cannot adjust his or her status to a lawful permanent resident based on a marriage to any one other than the U.S. Citizen petitioner. A person in this situation would have to return to his or her country and apply for an visa at the U.S. embassy abroad.

Feel free to email us with any questions.