New Updates on Green Card: What is the Eligibility for K-1, K-2 Visa Holders?

Important USCIS Updates on Green Card for 2025

Green Card for Fiancés

A U.S. citizen can sponsor their foreign fiancé(e) for a K-1 visa to come to the U.S. Once here, the couple must marry within 90 days of the fiancé's arrival. After marriage, the foreign spouse can apply for a Green Card (permanent residence) by adjusting their status.

What is the eligibility for a Green Card (K-1 Visa Holders)?

To qualify for adjustment of status (Green Card), you must:

• Submit Form I-485 properly.
• Be physically in the U.S. at the time of applying.
• Have entered the U.S. on a K-1 visa.
• Have married your U.S. citizen petitioner within 90 days.
• Be eligible for an immigrant visa.
• Have an immigrant visa available at the time of filing and decision.
• Not fall under any bars to the adjustment of status.
• Be admissible or qualify for a waiver of inadmissibility.
• Be approved at the discretion of USCIS.
  

Note: If you don’t marry your petitioner, you can’t apply for a Green Card based on this visa (with a few exceptions, like U or T visa holders).

Under what conditions may individuals be barred?

Some individuals may be barred from adjusting status due to:

• The way they entered the U.S
• Certain immigration violations or criminal acts

Check: USCIS Policy Manual Volume 7, Part B, Chapter 8

What are the grounds of inadmissibility for a green card?

To qualify for a Green Card, you must not be inadmissible based on immigration law. Common reasons for inadmissibility (INA 212(a)) include:

• Health issues
• Criminal history
• Immigration fraud
• National security 

If you’re inadmissible, you may apply for a waiver using:

• Form I-601 – Waiver of Inadmissibility
• Form I-212 – Permission to Reapply after Deportation or 

If You Already Have an Approved I-601

If your Form I-601 was approved during your K-1 visa process, it’s only valid if you marry the petitioner. Otherwise, you're still inadmissible.

How to Apply for a Green Card (K-1 Holders)

You must:

1. Be in the U.S
2. Have married your U.S. citizen petitioner within 90 days of entering on a K-1 visa.
   

What are the documents to submit (K-1 Applicants) to get a Green Card?

💲 Don’t forget: Some forms have filing fees. Visit the USCIS Fee Schedule to check.

Conditional Permanent Residency

If you’ve been married less than 2 years when your Green Card is approved, you’ll get conditional permanent resident status valid for 2 years.

Before it expires, you must file Form I-751 to remove the conditions.

Can the children, who are K-1 visa holders (K-2 visa holders), also apply for a Green Card?

Yes, children who are K-1 visa holders (K-2 visa holders) can also apply for a Green Card if these conditions are met:

• Their parent marries a U.S. citizen within 90 days of arrival
• They are unmarried
• They apply at the same time or after the K-1 parent applies.
  

What are the eligibility requirements for K-2 children?

K-2 children must:

• Properly file Form I-485
• Be physically in the U.S.
• Have a parent who married the petitioner within 90 days
• Be eligible for an immigrant visa
• Have an immigrant visa available
• Not be barred from adjustment
• Be admissible or have a waiver
• Be approved at the discretion of USCIS
  

What documents are required to submit for K-2 Applicants?

📝 If you already got a Form I-601 waiver approved with your K-2 visa, it remains valid only if your K-1 parent marries the U.S. petitioner.

What can be done if a suspect of marriage fraud?

Report suspected fraud using the ICE Tip Form:
ICE Tip Form

What are the final tips before applying for a Green Card?

Always use the latest USCIS forms. Double-check filing fees and document checklists, and refer to Instructions for Form I-485 and USCIS’s Tips for Filing.