The BIA Immigration Court recently allowed a former K-1 visa holder to adjust status to lawful permanent status after the termination of the K-1 beneficiary’s marriage to the K-1 Visa petitioner. The K-1 visa holder in the case married the petitioning U.S. citizen spouse within the required 90 days of entering the United States. The K-1 visa holder, however, did not seek permanent residency for two years. When the K-1 beneficiary finally submitted the petition, the USCIS rejected it because the petition had not been filed within two years of the wedding.
Subsequently, the K-1 couple divorced.
The Board of Immigration Appeals (BIA) determined that the USCIS’s reason for the denial was not based on law, and decided that the K-1 beneficiary’s adjustment of status application should be redetermined despite the couple’s divorce.
The facts of the case are very specific, and similarly situated individuals should contact a K-1 visa lawyer to discuss what options might be available. If you have a K-1 visa question, please contact Gafner Law Firm