The Second Circuit, in Caraballo-Tavera v. Holder, recently held that individuals who enter the United States in K-1 visa status can only adjust status (aka gain permanent residency) through the original K-1 visa petitioner (U.S. Citizen petitioner).
The applicant in the case came into the United States on a K-1 visa and married his K-1 visa petitioner. After the wedding, the K-1 status holder applied for adjustment of status, and received conditional permanent residency. Afterwards, the couple divorced and the applicant sought a waiver to the conditions of his permanent residency. The applicant failed to demonstrate his eligibility for a waiver and was placed in removal proceedings.
In removal proceedings, the applicant attempted to adjust status based upon an approved I-130 through his U.S. citizen daughter. The Second Circuit agreed with the lower immigration courts, holding that the applicant could not adjust status based upon his daughter’s U.S. citizenship.
Are you K-1 visa holder seeking to adjust status? If so, please contact a fiancee visa lawyer to discuss what options are available to you. The case discussed above is unique to the facts of that case – your situation and options may be different.