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Parents, spouse and unmarried children below the age of 21 years fall under the category of immediate relatives of USC. There is unlimited number of visas for this category and they do not have to wait for any priority date. If the immediate relative is already in the U.S. then they can apply for Adjustment of Status immediately and Form I-485 can be filed at the same time the USC petitioner files Form I-130. However, if the immediate relatives are outside the U.S. then they must go through Consular Processing.

“Conditional green cards” are issued to the spouse of a USC. That means the alien spouse’s permanent resident status is valid for two years from the time it is granted. This is just to confirm if the marriage still exists and has not been terminated by divorce or annulment during that period. Except for this condition, the alien spouse is a full permanent resident in all aspects. To remove the condition, the couple needs to jointly petition within 90 days before the end of second year of the alien spouse’s admission as a permanent resident. Failure to do so will result in the termination of the alien spouse’s conditional permanent residence.

K-1 Visa

K-1 visa is required if a U.S. citizen plans to marry a foreign national and wishes to bring him or her to the U.S. for marriage. The petition must be made with the USCIS by filing Form I-129F. Once approved, the petition will be transferred to National Visa Center and the fiancé must appear for Consular Processing. The marriage must take place within 90 days of the person entering the U.S. on K-1 visa. The U.S. citizen petitioner must have met the K-1 visa holder at least once within 2 years of filing the petition unless this requirement would violate the strict and long established customs of your foreign culture or that it would result in extreme hardship to the petitioner. There should be no legal impediments to the marriage and both the parties must be able to enter a valid marriage.

Once the marriage takes place, the USC can petition for an immigrant visa and the K-1 visa holder can adjust status without leaving this country.

If the marriage does not take place, then the K-1 visa holder must leave the country immediately..

Travelling outside the U.S. is not permitted on K-1 visa. If the K-1 visa holder has unmarried children under the age of 21 years, then K-2 visas are available for them to enter the U.S. K-1 visa holders may apply for work authorization.

We, at the Law Offices of Aditya Surti, LLC can help you in applying for change of status/ extension/adjustment of status to a different visa. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at info@surtilaw.com.