Legal Question in Immigration Law in Maryland

Re: guide me

If you entered on a K-1 fiancee visa, the requirements are that you must actually marry within 90 days AND you must adjust to permanent resident status within 2 years of marriage. A K-1 is a nonimmigrant visa and this does not change merely because of marriage. It simply allows you to enter the US for the purpose of a marriage and remain for a reasonable amount of time to adjust status. Also, it permits work with either the appropriate stamp in the passport at the time of entry or upon obtaining an EAD.

Adjustment of status is not automatic -- you must file an I-485 and have it approved within 2 years of marriage. Therefore, at the present time, despite being able to work if you have done what is written above, you are not a conditional permanent resident.

Conditional permanent resident status is the result of an I-485 adjustment of status based on marriage where the marriage is of a duration less than 2 years at the time the adjustment is granted. The condition can be removed by filing an I-751 within 90 days prior to the expiration of conditional residency.

It is highly unlikely that you can file and have approved an I-485 before July 1 of this year.

It is my understanding, and perhaps one of my esteemed colleagues wants to join in here, that the proper way to proceed is to file an I-130 petition for alien relative and use that to support an I-485. They can be filed concurrently since, as an immediate relative, a visa is immediately available to you.

I want to caution you that I am not entirely certain about this solution but I will research it further. Please feel free to contact me.

As always, if any other immigration law attorneys want to comment, please do.