USCIS Policy Memorandum "U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances"

[thakattack159 8]

My K-1 visa husband (was fiancé) and I submitted the AOS papers along with the concurrent filings for EAD/Advanced Parole just 2 weeks ago. I really hope this isn't going to affect our filing. We did consular processing already for the K1 visa and I thought our visa was dual intent where the only legal pathway to a greencard is adjusting status while in the United States after marrying within 90 days.

 

His K1 visa expires June 7th, 2026. Does he now need to leave the country before that in order to avoid overstay and then apply for spousal visa/green card the Consular way?

[Edward and Jaycel 2,720]

1 hour ago, thakattack159 said:

My K-1 visa husband (was fiancé) and I submitted the AOS papers along with the concurrent filings for EAD/Advanced Parole just 2 weeks ago. I really hope this isn't going to affect our filing. We did consular processing already for the K1 visa and I thought our visa was dual intent where the only legal pathway to a greencard is adjusting status while in the United States after marrying within 90 days.

 

His K1 visa expires June 7th, 2026. Does he now need to leave the country before that in order to avoid overstay and then apply for spousal visa/green card the Consular way?

 

I don't think so.... this memo seems to be targeting people that come in on single-intent non-immigrant visas and then decide to adjust status. The K-1 is a dual-intent visa by law and the only pathway for a K-1 entrant to gain their green card is via marriage to their I-129F Petitioner and then adjusting status. It's literally written into the Immigration and Nationality Act. Plus the memo says this:

"USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status."

So I think that USCIS is acknowledging that dual-intent non-immigrant holders (i.e., K-1 Visa Holders) specifically must use AOS as their pathway to LPR status.

 

[Edward and Jaycel 2,720]

1 hour ago, Nagpetisyon said:

I challenged AI to review the Immigration and Nationality Act (INA) and make a case that K-1 must perform AOS within the USA and not leave the country.
It pointed out that the INA does specifically authorize a K‑1 beneficiary to adjust status inside the United States after marrying the U.S. citizen petitioner.  
It does this not by saying “they adjust in the U.S.” explicitly, but by creating a legal structure where adjustment of status is the only lawful path, and consular processing is legally impossible for a K‑1 who has already entered.
The legal structure is the following 3 sections of the INA.

INA §214(d) — The K‑1 is admitted solely to marry the petitioner.
This section establishes the purpose of the K‑1 admission:
    They must intend to marry the petitioner within 90 days
    They are admitted only for that purpose

INA §245(d) — The K‑1 may only adjust through marriage to the petitioner.
Once they marry, they become the immediate relative of a U.S. citizen, which is the category eligible for adjustment under §245(a).

INA §245(a) — Adjustment of Status is available to anyone who was “inspected and admitted”
A K‑1 fiancé(e) is admitted at a U.S. port of entry.
That means they meet the threshold requirement of §245(a).
 

K-1 beneficiaries enter the US with the idea they are here to marry and stay. Clear intent to immigrate and objective to form family units seem factors that would make it crazy for their AOS to be done back in their home countries ( where they ALREADY did consular inspection),

 

 

Correct and the K-1 is a true dual-intent non-immigrant visa 

[Adujarric 68]

Supposedly these questions are being asked, im not sure how true it is but depending on the answers it could lead to an easier discretionary denial. 

[tseth15 1]

37 minutes ago, Edward and Jaycel said:

 

I don't think so.... this memo seems to be targeting people that come in on single-intent non-immigrant visas and then decide to adjust status. The K-1 is a dual-intent visa by law and the only pathway for a K-1 entrant to gain their green card is via marriage to their I-129F Petitioner and then adjusting status. It's literally written into the Immigration and Nationality Act. Plus the memo says this:

"USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status."

So I think that USCIS is acknowledging that dual-intent non-immigrant holders (i.e., K-1 Visa Holders) specifically must use AOS as their pathway to LPR status.

 

So the k1 visa holders are exempt from this policy? Meaning our newly married spouses can stay with us in the US while waiting for a green card?

[Edward and Jaycel 2,720]

5 minutes ago, tseth15 said:

So the k1 visa holders are exempt from this policy? Meaning our newly married spouses can stay with us in the US while waiting for a green card?

 

That is my interpretation of the memo and honestly the path for K-1 Visa Holders is codified in the INA which a policy memo can't change. However, this is my interpretation guided by experience and my reading of the INA's pertinent sections and the USCIS Policy Manual. I do not have any concrete information on exactly how USCIS will implement this Policy Memo, and quite frankly no one knows anything for sure yet.

[Edward and Jaycel 2,720]

22 minutes ago, Adujarric said:

Supposedly these questions are being asked, im not sure how true it is but depending on the answers it could lead to an easier discretionary denial. 

 

I would be highly skeptical of this as I have heard from and ISO that I know personally (Not a FO ISO) that the ISOs and SISOs found out about this about the same time as the general public. There was also a fake RFE floating around the internet purported to be based on the memo but the reply by date indicated it was issued about 10 days before the memo was released. Lots of people praying on people's uncertainty over this.

[thakattack159 8]

55 minutes ago, Edward and Jaycel said:

 

I don't think so.... this memo seems to be targeting people that come in on single-intent non-immigrant visas and then decide to adjust status. The K-1 is a dual-intent visa by law and the only pathway for a K-1 entrant to gain their green card is via marriage to their I-129F Petitioner and then adjusting status. It's literally written into the Immigration and Nationality Act. Plus the memo says this:

"USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status."

So I think that USCIS is acknowledging that dual-intent non-immigrant holders (i.e., K-1 Visa Holders) specifically must use AOS as their pathway to LPR status.

 

thank you!

[TBoneTX 49,823]

26 minutes ago, thakattack159 said:

thank you!

I echo Edward's interpretation, which is expressed very well.  The K-1 is a hybrid visa -- "a strange animal," as a retired CO once told me, "a nonimmigrant visa with immigrant intent."  K-1 entrants are stuck in the U.S. until they receive at least Advance Parole.  Settle your fears.   

 

Oh -- and his visa was "dead on arrival" at port of entry.  You're fine, because you submitted the AOS papers in ample time.

Edited 14 hours ago by TBoneTX

[igoyougoduke 1,772]

1 hour ago, Adujarric said:

Supposedly these questions are being asked, im not sure how true it is but depending on the answers it could lead to an easier discretionary denial. 

this looks like some made up stuff on the internet 

[thakattack159 8]

Yes we sbumitted within 2 months. However, I do feel like I may have submitted with not enough proof of bonefide marriage/relationship after seeing what others have submitted. 

We submitted with:

- Certified marriage certificate within 90 days

- photos of marriage day

- Photos since arrival into the United States

- 1 joint checking account statement showing same address

 

[Edward and Jaycel 2,720]

2 minutes ago, thakattack159 said:

Yes we sbumitted within 2 months. However, I do feel like I may have submitted with not enough proof of bonefide marriage/relationship after seeing what others have submitted. 

We submitted with:

- Certified marriage certificate within 90 days

- photos of marriage day

- Photos since arrival into the United States

- 1 joint checking account statement showing same address

 

 

That's enough for now.... Keep gathering new evidence and prepare it to upload to the portal about a week before your interview. You will be fine  

[thakattack159 8]

 

14 minutes ago, Edward and Jaycel said:

 

That's enough for now.... Keep gathering new evidence and prepare it to upload to the portal about a week before your interview. You will be fine  

I filed by paper. When I get my online code and add my paper case to my USCIS account, I can upload more evidence?

[Edward and Jaycel 2,720]

7 minutes ago, thakattack159 said:

 

I filed by paper. When I get my online code and add my paper case to my USCIS account, I can upload more evidence?

 

You sure can... Jaycel and I did 3 or 4 evidence uploads in the 7 months between when we filed and when we got our interview appointment notice and then one last upload about a week before the interview

[TBoneTX 49,823]

thakattack, if you have further questions about your case, please be encouraged to start your own thread in the "AOS from K Visas" Process forum.  We're absolutely happy to help you, but let's keep the current thread focused on the Policy Memo, please.