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The petitioner files a petition with USCIS for the foreign fiancé. The petitioner must be a USC. The following requirements must be satisfied for USCIS to approve the petition.

• The petitioner is a USC;

• The petitioner is at least 18 years;

• That each party is free to marry;

• That the petitioner and foreign fiancé intend to marry each other within 90 days of the foreign fiancé being admitted to the US;

• That the petitioner and foreign fiancé have met in person within the past 2 years unless the parties qualify for and obtain a waiver of the meeting requirement;

Unmarried children of the foreign fiancé who was granted a K-1 visa are entitled to K-2 visas to accompany or follow-to-join the foreign fiancé’s parent.

Adjustment of Status by Foreign Spouse After Marriage

If the parties marry within the 90 days, the foreign spouse who obtained the K-1 visa must apply for adjustment of status and follow the procedure and requirements to obtain permanent residence.

Adjustment of Status by K-2 Visa Holders

After the parent has been married all K-2 visa holders are entitled to adjust their status even if the K2 visa holder was over 21 years when the adjustment application was adjudicated provided that the K-2 visa holder entered the US before turning 21. It does not matter if the parent’s marriage was after the K-2 was 18 years. The K-2 visa holder must follow the adjustment of status procedure.

Call 561-847-4798 to set up a consultation for us to evaluate your immigration case. Our experienced immigration attorney will examine your situation, the applicable immigration laws, how he can help you, and the likelihood of success.