A K-1 fiancé(e) who is admitted to the United States has to marry the U.S. citizen who filed the petition within 90 days of admission. USCIS's Green Card page for fiancé(e)s says: "You must have married your U.S. citizen petitioner within 90 days of being admitted to the United States as a K-1 nonimmigrant." An older USCIS page, last reviewed 03/23/2018, adds that K-1 and K-2 status "automatically expires after 90 days and cannot be extended." After the wedding, the fiancé(e) may apply for a Green Card by filing Form I-485, and work authorization and travel each have their own rules while that application is pending.
The 90-day marriage requirement
The K-1 category begins with Form I-129F, Petition for Alien Fiancé(e). On that form's page, USCIS says the petitioner must provide evidence that the couple intends "to marry within 90 days of their admission into the United States" as a K-1 nonimmigrant. A nonimmigrant is someone admitted for a specific, temporary purpose.
On its page about Green Cards for fiancé(e)s, USCIS lists the marriage within 90 days of admission as a requirement for adjusting status. USCIS also says that if you do not marry the petitioner, you "generally cannot apply for a Green Card based on any other" category, with limited exceptions, such as if you are granted U or T nonimmigrant status. A couple whose plans are not going to work out in the window should speak to a licensed immigration attorney.
After the wedding: Form I-485
Once the marriage has taken place, the fiancé(e) applies for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, while physically in the United States. This is called adjustment of status. USCIS says "Once you marry, you are treated as an immediate relative," and that "Immigrant visas for immediate relatives of U.S. citizens are always immediately available." For how the I-485 works, see our Form I-485 page.
Check the I-485 page before filing. It carries alerts at the top that change over time, such as filing locations, form editions and court orders. This article does not explain what they mean for any case.
A conditional Green Card if the marriage is under two years old
USCIS says that if you have been married less than two years when your I-485 is approved, "USCIS will grant you lawful permanent resident status for two years on a conditional basis." The conditions are removed with Form I-751. We cover that in our guide to the I-751 receipt notice.
Working while the I-485 is pending
USCIS's Green Card page for fiancé(e)s says: "Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization." The pages we reviewed do not say anything further that this article relies on, such as how long a work permit lasts or whether one can be requested earlier, so it does not say. Our Form I-765 page has more on the form.
Traveling while the I-485 is pending
USCIS says that if you need to leave the United States temporarily while your I-485 is pending, you should see Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. It also says: "Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document," you "will have abandoned your application." See our guide to the EAD and travel combo card for related context.
Children of a K-1 fiancé(e)
Children of a K-1 fiancé(e) may be admitted as K-2 nonimmigrants. The older USCIS page says "The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants," and the Green Card page says: "You must remain unmarried in order to be eligible for a Green Card." Whether a specific child still qualifies is a question for an attorney.
What to do if you are unsure about your dates
USCIS ties the 90 days to admission to the United States as a K-1 nonimmigrant. If you are close to the end of the period, or if the marriage has already happened or may not happen, speak with a licensed immigration attorney. This is also the right moment to read the I-485 instructions and the USCIS fee page, because filing forms, evidence and fees change from time to time.
Our guide to concurrent filing explains how the I-485, I-765 and I-131 relate to one another, and the advance parole status page explains what that notice means when it appears on a case.
Common questions
Can the 90 days be extended?
An older USCIS page (last reviewed 03/23/2018) says K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. The current Green Card page for fiancé(e)s sets the 90-day marriage requirement but does not use that wording.
Do I have to marry the person who filed the petition?
USCIS says that if you do not marry the petitioner, you generally cannot apply for a Green Card based on any other category, with limited exceptions.
Do I need advance parole to travel after filing the I-485?
USCIS says that, generally, if you have a pending I-485 and leave the United States without an advance parole document, you will have abandoned your application. Form I-131 is the form USCIS points to for travel documents.
Will I get a conditional Green Card?
If you have been married less than two years when the I-485 is approved, USCIS says it grants status for two years on a conditional basis.
Official sources
- USCIS: Green Card for Fiancé(e) of U.S. Citizen
- USCIS: Visas for Fiancé(e)s of U.S. Citizens
- USCIS: I-129F, Petition for Alien Fiancé(e)
- USCIS: I-485, Application to Register Permanent Residence or Adjust Status
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.