Green Card for a K-Visa 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 and their move to the US.
By allowing a fiancé(e) and his/her accompanying minor children to be admitted into the US 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.
You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or minor child if you meet the following criteria:
· Are admissible to the United States
· 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
· Have 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
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.
Supporting Evidence for the Form I-485
You should submit all of the following evidence and documentation with your application:
· Two passport 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
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 must still 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.