Can a K-1 Visa Holder Use Parole in Place to Adjust Status After Marrying Another U.S. Citizen?

To begin, a K-1 Visa is a process for Fiancees to enter the U.S. to marry a Petitioning U.S. Citizen. Failure to marry the Petitioning U.S. Citizen does not allow a K-1 Visa Holder to process the Green Card Application in the United States with USCIS; instead, the filing must be processed at a consulate, which would (1) impose a 3-year or 10-year Inadmissibility Bar, (2) require a waiver for unlawful presence, and (3) possibly require a waiver for immigration or visa fraud.

The Military Parole in Place process is a way to forgive unlawful presence and provide a way for a Spouse, Child, or Parent of a US Citizen to adjust status (apply for a Green Card) through USCIS. However, it was created for individuals who had an entry without inspection or were improperly inspected.

A K-1 Visa is a special visa with ONE INTENDED PURPOSE: to marry 1 U.S. Citizen. Failure to perform that task DENIES a K-1 visa holder from enjoying the benefits of Adjustment of Status in the United States.

So, to the question of whether a K-1 can use Parole in Place to file for Adjustment of Status after marrying another US Citizen? The answer, unfortunately, is “No.” A K-1 entered the U.S. legally and properly. You should speak with a local Immigration Attorney to see if the local USCIS Director would make an exception. If not, then Consular Processing would be the only option and it would be an uphill filing.

If you have any concerns, you should speak with a local Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.

 

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