The Fiance Green Card (i.e. Green Card for the K-Nonimmigrant)

Oct 28, 2015 | Uncategorized

Oftentimes, clients depend on my services as a Miami immigration lawyer to obtain a green card for their fiance (i.e. K-Nonimmigrant). Here are some basics about the “fiance” green card.

Why is there a special category for green cards for K Nonimmigrants?
The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States. By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as nonimmigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place.

If you have any questions about obtaining a green card for your fiance, you may want to speak with a Miami immigration lawyer.

Am I eligible to receive a green card as a K non-immigrant fiance?
You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:

  • Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)
  • Have been admitted to the United States as a K Nonimmigrant
  • Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry, if a K-1 visa holder
  • Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder
  • Have an immigrant visa immediately available
  • Are admissible to the United States

Again, if you have any questions in regard to this process, it is always best to speak with a Miami immigration lawyer.

What is the application process like?
If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4)  you will have to file for adjustment of status in order to get your green card and to remain legally in the United States. To obtain a green card, you or your Miami immigration lawyer will have to file the necessary paperwork.

If You are Present in the United States as a K-1 Fiance(e)
You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means. If the above scenario applies to you, I would urge you to speak with a Miami immigration lawyer to discuss your options.

If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e)
You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent’s eligibility to adjust. There are some special rules as to how long you can seek adjustment. Again, each case is different, so be sure to speak with a Miami immigration lawyer to find out what your options are.

If You Seek Adjustment as a K-3, Spouse of a U.S. Citizen
You may seek adjustment as soon as you enter the United States. You can only seek adjustment of status based on your marriage to the U.S. citizen spouse who also petitioned for K-3 status for you.

Is that all there is to the process?
No – this is a very, very rough overview. There are numerous eligibility requirements, forms and documents to fill out, as well as the submission of a medical examination. This is why you may want to consult with a Miami immigration lawyer before embarking on this process – to make sure that an important detail is not overlooked.

If you would like more information on obtaining a green card for your fiance, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.