The BIA Immigration Court has recently ruled that a foreign national who entered into the United States through the K-1 Visa can adjust status to a permanent resident even after the marriage to the K-1 Visa petitioner has ended. In the case, Matter of Sesay, the K-1 visa holder had married the U.S. citizen spouse within 90 days after entering the United States. However, the K-1 visa holder didn’t petition for permanent residency for two years. When the petition was received, the USCIS rejected it because it had not been filed within two years of the marriage. The couple then divorced.
The BIA ruled that the reason for the denial was not based on law, and that the K-1 visa holder could, therefore, adjust status despite not being married to the original K-1 visa petitioner.
The facts of the case are very specific, and individuals should not use it as a template for future K-1 visa couples. If you have a question about your K-1 visa case, please contact Gafner Law Firm.