K Nonimmigrant
Green Card for a K Nonimmigrant
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.

U.S. citizen fiancé(e)s file for their intended spouse on Form I-129F, Petition for Alien Fiancé(e).

Legal Immigration and Family Equity (LIFE) Act

The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens. Due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative) at that time, a long separation could occur between the overseas fiancé(e) and their intended U.S. citizen spouse. To prevent a long separation, U.S. citizens were allowed to file an additional petition on Form I-129F while their Form I-130 was pending to allow their foreign spouses and his/her minor children to come to the United States as nonimmigrants in an expedited manner.

The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred, or in the event the petitioner and applicant were married in the United States, the country of the applicant’s current residence. After arrival in the United States, they could then complete their processing for permanent residence.

All K nonimmigrants are required to file Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival to adjust status as a permanent resident of the United States.

K nonimmigrants may only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them to receive their K visa status.

Eligibility Criteria
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
Application Process

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 need to file Form I-485.

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 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. Please refer to the related sections below under “Other considerations” for additional information.

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.

Note: You may obtain an extension of your K-3 status in 2-year intervals, while your adjustment of status application is pending. You should, at the same time, apply for an extension of the K-4 status for your child. Refer to 8 CFR 214.2(k)(8) for additional information.

If You Seek Adjustment as a K-4, Child of the K-3 Spouse of a U.S. citizen

You should seek adjustment of status as soon as your parent seeks adjustment of status. You can only seek adjustment of status on the basis of the marriage of your K-3 parent to his/her U.S. citizen spouse or the stepparent-child relationship this marriage caused and upon which your I-130 is based. See 8 CFR 245.1(c)(6)(ii) for additional information.

Supporting Evidence for the Form I-485

You should submit all of the following evidence and documentation with your application:

Two passport-style photos
Form G-325A, Biographic Information
Copy of your government issued photo identification
Copy of your birth certificate
Copy of passport page with nonimmigrant visa
Copy of passport page with admission (entry) or parole stamp
Form I-94, Admission/Departure Record
Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)
Form I-693, Report of Medical Examination and Vaccination Record, if applicable
Form I-864, Affidavit of Support
Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)
Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)
Applicable filing fees
Note: Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns. Read “Other Considerations” below for further information.

Medical Examination

If you received a medical examination prior to admission as a K nonimmigrant, then you are not required to have another medical examination at time of adjustment as long as:

Your Form I-485 is filed within 1 year of your overseas medical examination
The medical examination did not reveal a Class A medical condition
If you did have a Class A medical condition, you received a waiver of inadmissibility and you have complied with the terms and conditions of the waiver
Even if a new medical examination is not required, you still must show proof that you have complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original, overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit Part 1, Information About You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon's Certification, of Form I-693 (in an envelop sealed by the civil surgeon). Please see the instructions for Form I-693 for further information.