USCIS Outlines Conditions for Fiancé Visa Green Card

The Citizenship and Immigration Services (USCIS) has outlined eight specific conditions that foreign nationals entering the United States on a fiancé visa (K-1 nonimmigrant visa) must satisfy to apply for a Green Card. An American citizen can file a petition for their foreign fiancé(e), allowing the fiancé(e) to enter the U.S.

Once admitted, the foreign national has a strict 90-day period to marry the petitioning U.S. citizen. After the marriage, the foreign spouse can apply for lawful permanent resident status.

The conditions include: 1) filing Form I-485, Application to Register Permanent Residence or Adjust Status; 2) being physically present in the U.S. at the time of filing; 3) entering on a valid K-1 visa; 4) legally marrying the U.S. citizen within 90 days; 5) being eligible for an immigrant visa; 6) not being subject to bars to adjustment of status; 7) being admissible for lawful permanent residence or qualifying for a waiver; and 8) USCIS retains discretionary authority in approving cases. Foreign nationals who do not marry within the stipulated time face limited options for adjusting their status.