Legal Question in Immigration Law in California
K-1 visa - out of status
US citizen marries fiance within 90 days of legal entry with K-1 visa, but they do not submit I-485 for adjustment of status conditionally. Over two years have passed since their marriage. Can they request conditional permanent residence now by submitting the I-485 (as well as the request to remove the condition, since the marriage is more than 2 years old) or must the alien spouse leave the country to request an immigrant visa? If the spouse leaves US, will the 10-year bar apply for re-entry?
1 Answer from Attorneys
Re: K-1 visa - out of status
You just have to file the adjustment. As long as you got married within the 90 days, you only have to file the Adjustment, and you should be given a Permanent Card, as well. Feel free to e-mail me, [email protected]
Gabriel Jack
Attorney at Law-Immigration
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