Received notice of action Form I-797 from USCIS?

I797form

 

To the USCIS when a petition or application is submitted petitioner or applicant receives a receipt. This receipt notice what USCIS send is also called Form I-797. Approval notice will be sent by USCIS after successful processing of the application or petition like Form N 400.

Approval Notice Versions

For approval of adjustment of status applications and immigrant visas Form I-797 is used. For extension of stay and changes of non-immigrant status when applicant is in US Form I-797A is issued with a I-94 card. When applicant is outside US and wants a non-immigrant visa Form I-797B is issued along with a notification card. For non-approval actions like requests for more information, to communicate receipt of payments, transfer of files, fingerprint biometric, rejection or filing receipts, re-open cases, interview and re-scheduled appointments etc Form I-797C is used. Along benefit cards I-797D is issued. To request evidence I-797E, Notice of Action is issued. To allow applicants to travel overseas I-797F, Transportation Letter is issued.

Information on Form I-797

Applicant’s personal information, beneficiary’s details, Application or petition name, receipt number with which you can check the status, receipt date, priority date which tells waiting list queue status, notice date, notice type, class or the category you belong to and validity of your application or petition. Hence in case of Form I-797C you won’t find receipt number.

The priority date is decided depending on the category you come under and also home country. When the current date is same as the priority date it denotes the immediate availability of visa. Your legal period of stay in the US can be got from the approval notice form.

The USCIS center address information will be on the notice. So once the notice is received in case of any discrepancies you should inform them immediately. This approval notice has to be kept safely since you may have to have it handy during visa stamping and interview processes. Duplicate copies of the approval notice can be obtained if USCIS fail to send one or if they send one with errors.

Form I-797C information

Following are details of Form I-797C, Notice of Action since April 12, 2012

  • on plain bond paper it will be printed
  •  “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” as a header stating will be included.

USCIS printed Form I-797Cs with a DHS seal and on more expensive bond paper prior to April 12, 2012. For cost savings to the government it was determined that these notices could be printed on plain bond paper. Form I-797Cs now contains the disability accommodation information on the reverse side to reduce paper use in addition, after April 12, 2012.

Any specific immigration benefits Form I-797C grants?

As collateral evidence for awarding a benefit USCIS recognizes and they administer that some state, local, public, or private benefit granting agencies may accept Form I-797C. USCIS has not determined whether that applicant is eligible for an immigration benefit and according to USCIS that Form I-797C is only a receipt proving an applicant has submitted a benefit request to those agencies.

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USCIS reminder for Haiti nationals on Temporary Protected Status.

 

By November 30, 2012 all eligible nationals of Haiti and persons who last habitually resided in Haiti and without nationality who currently have Temporary Protected Status (TPS) must re-register for TPS in US. Failure to re-register by this deadline may result in the loss of your TPS status. You must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy if you re-register after November 30 2012.

For re-registering for TPS details and procedures are provided on the USCIS website and in the Federal Register notice announcing the extension of TPS for Haiti.
In response to a catastrophic earthquake that devastated that country TPS was originally designated for Haiti in January 2010. Effective July 2011 TPS was re-designated in May 2011. Through July 22, 2014 the current 18-month extension of TPS for Haiti will remain in effect.

Your current EAD, set to expire on January 22, 2013, has been automatically extended for 6 months  if you have applied for and are awaiting a new Haiti TPS-related Employment Authorization Document (EAD). As described in the Federal Register published on October 1, 2012 (77 FR 59943) the 6-month auto-extension of EADs runs through July 22, 2013. These auto-extended EADs have “A12” or “C19” listed under “category” on the front of the card and an expiration date of January 22, 2012.

Remember to provide both your EAD with the January 22, 2012 expiration date and a copy of the October 1, 2012 Federal Register notice to your employer when providing proof of employment eligibility.  Please refer to the USCIS Web page and employees documentation employers may accept and temporary protected status beneficiaries may present as evidence of employment eligibility for further guidance for employers

 

Green Card for a child born in to a Foreign Diplomat parent in US

 

To the jurisdiction of United States law a person born in the United States to a foreign diplomatic officer accredited to the US is not subjected to. Under the 14th Amendment to the United States Constitution hence that person cannot be considered a U.S. citizen at birth. However through creation of record this person may be considered a permanent resident at birth and able to receive a green card.

In the State Department Diplomatic List, also known as the Blue List your parent’s accredited title must be listed to decide if your parent is a foreign diplomatic officer, Following are included in the blue list:

  • Secretaries and attaches of embassies and legations
  • Counselors
  • Ambassadors
  • Members of the Delegation of the Commission of the European Communities
  • Ministers
  • Charges d’affaires

Those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status are also included.

Eligibility requirement for creation of record

All of the following conditions should be met for you to be eligible to receive a green card (permanent residence) through creation of record:

  •  To a foreign diplomat you were born in the United States
  •  Since birth You have had residence in this country continuously
  •  In the United States you have not abandoned your residence


Application process for green card

Form I-485, Application to Register Permanent Residence or Adjust Status should be filed to obtain a green card. Until you renounce your rights, privileges, exemptions, or immunities which are available to you as the child of a foreign diplomatic officer the provisions of permanent residency will not apply to you. Your registration for this provision is entirely voluntary.

Supporting documents for Form I-485

With your Form I-485
following evidences should be submitted:

  •   Passport-style two photographs
  •   If you are between 14 and 79 years of age Form G-325A, Biographic Information,
  •   Government issued photo id photocopy
  •   Birth certificate photocopy
  •   With non-immigrant visa if applicable photocopy of passport page
  •   Passport page if applicable with admission/entry stamp  photocopy
  •   If applicable Form I-94, Arrival/ Departure Record
  •   If not evidenced above, list of all your arrivals in and departures from the United States,
  • , Waiver of Rights, Privileges, Exemptions, and Immunities, Form I-508
  •   If a French national, Form I-508F
  •   Inter-agency Record of Request for A, G, or NATO Dependent, Form I-566,
  • Official confirmation and evidence you were born to a foreign diplomatic officer on the Blue List (Your parent’s diplomatic classification and occupational title at the time of your birth must be included)
  • Since birth evidence establishing your continuous residence
  • Fee which is applicable
  • If you have ever been arrested certified copies of court records

Work authorization and medical examinations

For granting advance permission to leave the United States and be readmitted you are not entitled to apply for employment authorization or travel documents based on your pending I-485 application. Based on your non-immigrant status in the United States however you may be eligible to work and travel. To be eligible for creation of record of your permanent resident status you do not need to undergo a medical exam.

Interview waiver program for Indians to be applicable for more visa types.

 

 

 

During March 2012 the U.S. Embassy in New Delhi had announced about the Interview Waiver Pilot Program. Certain qualified applicants in select circumstances who were interviewed and thoroughly screened in conjunction with a prior visa application may be eligible to renew their visas without undergoing another interview. Under the expanded program the applicants who are eligible to apply for a new visa without an interview are those who are applying for a B1/B2 and whose prior B1/B2 visa expired within the last 48 months or is still valid; and applicants who are applying for a C1/D, J2, L2, or H4 visa and whose prior visa in the same category expired within the last 12 months or is still valid.

Without being interviewed in person by a U.S. consular officer interview Waiver Program allows certain qualified individuals to apply for visas according to US mission in India. This program has been extended to include more types of visas also. The following Indian applicants may also be considered under the Interview Waiver Program under the expanded program:

  • H1-B visas temporary workers
  • Individual L1-A or Individual L1-B visas temporary workers
  • To attend the same school and same program students who are returning
  • Before their 14th birthday for children applying for traveling on any visa class

The renewal application must be within the same classification as the previous visa in order to qualify for the Interview Waiver. Applicants will not be eligible for a waiver of a personal interview for cases where the previous visa is annotated with the words “Clearance Received”.

U.S. Mission in India, it may be recalled that earlier in March 2012, had introduced the Interview Waiver Program. Indian visa applicants who are renewing visas that are still valid or expired within the past 48 months, under this program, became eligible to submit their applications for consideration for streamlined processing, including waiver of a personal interview. The following visa categories were already included:

  • B1 and/or B2 Business/Tourism visa holders
  • J2, H4, L2 for Dependent
  • Including C1/D transit (C) and/or Crew Member (D)
  • Traveling on any visa class children applying before their 7th birthday
  • On any visa class applicants applying on or after their 80th birthday traveling.

Who are eligible to apply for exchange visitor J visa to US?

 

For exchange visitor participating in programs that promote cultural exchange, especially to obtain medical or business training within the US J-1visa a non-immigrant visa issued by the United States. By either a private sector or government program all applicants must be sponsored and they should meet eligibility criteria.

Prior to visa interview a job offer is required. Before the student can apply for a visa students from six particular countries namely Bulgaria, Russia, Romania, Ukraine, Moldova, and Belarus must have a job offer that has been confirmed by a sponsoring organization. Employers and J-1 students must get a head start on the hiring and visa application process because of these requirements.

The State Department announced that the same-sex partners of American diplomats moving to a posting in the US would now be allowed to apply for J-1 visas according to a newspaper report dated February 9, 2011. To non-diplomat same-sex couples however this ability was not extended and has sparked controversy.

This is different from a long-existing policy which allows issuing B-2 visas (visitor for pleasure) to same-sex domestic partners of foreign citizens working or studying in the United States on non-immigrant visas, or diplomatic visas to same-sex domestic partners of some foreign diplomats in the US. Due to allegations of sex trade, illegal business practices, improper housing, and general vulnerability of J-1 visa recipients these regulations have been initiated.

A. Students

Eligibility: Academic program participants for full course of study leading to or resulting in receipt of a certificate or degree. Students supported substantially by personal or family funds are not eligible for J-1 visa student status. If the application is received for processing at least 90 days prior to the course start date, the US embassies and consulates are able to issue student visas more than 90 days prior to the registration date of course of study.             Before a visa is issued the embassy or consulate will hold each application until the consular officials get the necessary special clearances that may be required.

Length of Stay: For the full duration of their study period the J-1 visa students are allowed to remain in the US. If they are enrolled in their course of study on a full time basis they are authorized to remain thereafter during their Academic Training period. Maintaining a valid DS-2019 (Request J-1 SEVIS Document Form) is an additional requirement. Students must leave the United States within 30 days grace period after program end date. During this grace period applicants could travel within the US and make arrangements for returning home but they cannot leave and re-enter US during this time.

B. Research Scholars

Eligibility: Conducting research, observing, or consulting in connection with a research project should be the primary concern of these applicants. New J-1 visa program begins only after one year period is over, called as twelve month bar, for individual who has been in US previously on J-1 visa for more than 6 months.

Length of Stay: Research scholar program is for a minimum of 3 weeks to a maximum of 3 years period. Short tern scholar category is available for Departments who would like to invite a researcher for less than 3 weeks.The Research Scholars must leave the United States with in a 30-day grace period after the program end date. During this grace period applicants can travel within the US and make arrangements for returning home but they cannot leave and re-enter US during this time.

C.Professors

Eligibility: Teaching, lecturing, observing, or consulting / or participating in departmental research should be the primary concern of these applicants. Research Scholar category is for applicants wishing to primarily conduct research even if in the home country the individual is a professor. New J-1 visa program begins only after one year period is over, called as twelve month bar, for individual who has been in US previously on J-1 visa for more than 6 months.

Length of Stay: As a professor for a minimum of three weeks to a maximum of 3 years the individual may participate. The Professor must leave the United States with in a 30-day grace period after the program end date. During this grace period applicants can travel within the US and make arrangements for returning home but they cannot leave and re-enter US during this time.

D. Short-Term Scholars

Eligibility: If you are coming to the U.S. on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills and classify him or herself as professor, research scholar, specialist, or a person with similar education or accomplishments can participate in this program.If an individual cannot enter as a Research Scholar or Professor where the 12-month bar applies this Short-Term Scholar category may be used.

Length of Stay: For any period of time from one day to six months an individual may enter the U.S. as a Short-Term Scholar. Beyond the six-month maximum there is no extension. A short term scholar must leave the United States with in a 30-day grace period after the program end date. During this grace period applicants can travel within the US and make arrangements for returning home but they cannot leave and re-enter US during this time.

E. Non-Degree Students

Eligibility: Participants with a specific educational objective can enroll in a prescribed non-degree academic program. Classroom instruction, research projects, and/or academic training may be included in such a course of study.

Length of Stay: For not more than 24 months exchange visitors are allowed to participate in the Non-Degree Student program. Any period of academic training can be part of this.

Tips for minor children on K visa filing for permanent resident status.

 

A “unmarried person under twenty-one years of age” is defined as “child” according to the Section 101(b)(1) of the Immigration and Nationality. As the minor child of a K-1 a K-2 can seek adjustment of status generally. Then the K-2 can only adjust status prior to his or her 21st birthday if the K-2 adjusts status based on the K-1’s adjustment. K-2s ability to seek adjustment beyond the age of 21 may have changed due to several recent developments.

You may be covered under the Child Status Protection Act of 2002 (CSPA), as explained below, if you should attain the age of 21 years while your Form I-485 is pending,

Details for K-2/K-4 Adjustment of Status as the Step-Child of U.S. Citizen

To permit an applicant for certain immigration benefits to retain the classification as a “child” under Section 101(b)(1) of the INA even if he or she reaches the age of 21, in 2002, Congress passed the Child Status Protection Act of 2002.

CSPA and K-2 applicants

A visa petition Form I-130, Petition for Alien Relative is not filed for an individual in K-2 status by the U.S. citizen petitioner. For CSPA provisions to be applicable this is mandatory. Hence, when seeking to adjust status a K-2 non-immigrant cannot utilize the CSPA.  A K-2, absent any different circumstance, may only seek adjustment until he or she reaches his 21st birthday and must adjust prior to his/her 21st birthday.

Based on a parent-child relationship between the petitioner and the K-2 non-immigrant, although not required, USCIS may accept a Form I-130 filed by the U.S. citizen petitioner. For instance when the U.S. citizen petitioner has married the K-1 and the K-2 was not yet 18 years old at that time. The K-2 is considered in this case the step-child of the U.S. citizen under the law. Allowing him or her to utilize the CSPA when seeking adjustment of status this will allow an individual who once was a K-2 to adjust on the basis of being an immediate relative of a U.S. citizen. So that he/she will not age out while Form I-485 is pending.

Requirement for Exercising CSPA:

  • Between the U.S. citizen petitioner and the K-2 non-immigrant parent-child relationship exists
  • Prior to the K-2’s 21st birthday Form I-130 is filed
  • Submitting all required documentation and paying the required fees associated with Forms I-130 and I-485


CSPA and K-4 applicants

A K-4 non-immigrant seeks to adjust as an immediate relative of a U.S. citizen on the basis of a Form I-130 filed by his or her U.S. citizen step parent. So an individual in K-4 status may utilize the provisions of CSPA upon seeking adjustment of status.

If a parent-child relationship between the U.S. citizen and the K-4 non-immigrant exists and the marriage between the U.S. citizen and the K-4’s parent occurred before the child’s 18th birthday only this petition can be filed. A K-4 benefits from the CSPA as long as the Form I-130 petition is filed before the K-4’s 21st birthday as the K-4 child’s age “freezes” on the date the Form I-130 is filed.

Tips for K non-immigrant visa holder filing for US green card.

 

The spouse of US citizen already in US on a K visa should file Form I-485 for adjustment of status to lawful permanent resident status and become a green card holder. Important to make sure all necessary documents are filed along.

Support documents for Form I-485

Following documents need to be submitted as evidence:

  •  Passport style color photos two
  •  Biographic Information, Form G-325A,
  •  Photocopy of government issued photo identification
  •  Your birth certificate copy
  •  Passport page with non-immigrant visa copy
  •  Passport page with admission (entry) or parole stamp copy
  •  Admission/Departure Record, Form I-94
  •  For K-1 visas holder evidence of your marriage to the U.S. citizen within 90 days
  •  If applicable report of Medical Examination and Vaccination Record, Form I-693
  •  Affidavit of Support, Form I-864
  • For K-3 or K-4 visa holders copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending
  • Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Grounds of Inadmissibility, etc.)
  • Applicable filing fees

A K-2 stepchild may have a Immediate Relative Petition, Form I-130 filed on his/her behalf if eligible and necessary to prevent age-out concerns. Those who marry US citizen and are applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf.

Details of medical examination

You are not required to have another medical examination if you received a medical examination prior to admission as a K non-immigrant. But at time of adjustment ensure that:

  • Within 1 year of your overseas medical examination your Form I-485 is filed
  • Class A medical condition  was not revealed in the medical examination
  • You received a waiver of inadmissibility if you did have a Class A medical condition, and you have complied with the terms and conditions of the waiver

You still must show proof that you have complied with the vaccination requirements even if a new medical examination is not required. You will have to have the vaccination report completed by a designated civil surgeon if the vaccination record (DS 3025) was not properly completed and included as part of the original, overseas medical examination report. Therefore in an envelope sealed by the civil surgeon you are required to submit Part 1, Information about You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon’s Certification, of Form I-693.

Overview on foreign adopted child’s US naturalization process.

 

A child who is adopted from a foreign country must first become a lawful permanent resident of the US before he/she can become a US citizen. With an immigrant visa the child can enter US and become a permanent resident or through the adjustment of status procedure child can become a green card holder. Based on the circumstances of the child being inside or outside US the process to qualify for permanent residency can be based upon. After that the N400 application for naturalization should be completed for becoming an American.

How to become a United States citizen?

When a child is adopted by a US citizen he/she does not immediately gain citizenship. If the parents who adopted are already US citizens or have naturalized before the kid is 18 years of age a foreign child who has become a permanent resident already does automatically become a citizen of United States. It’s important for the child to be unmarried and living with them when they completed naturalization filing INS N 400 Form. Also it’s necessary that both the parents should have naturalized in case both parents are foreign.

What “Foreign Parent” means?

In order for an adopted child to gain automatic United States citizenship, “foreign parent” would be either one of the following:

1. In case one of the parents has died, it’s the surviving parent.

2. If the parents are legally separated either one of them who has legal custody of the child.

3. When one of parent is a United States citizen then it’s the non US citizen foreign parent.

4. In case the child is illegitimate it’s the mother.

Forms to be filed

Through the naturalization process if his or her adoptive alien parent(s) are citizens of US then an adopted child becomes a citizen automatically and can apply with the INS for proof of citizenship. With the nearest Service office Form N-600, Application for Certificate of Citizenship should be filed by the adoptive parent(s) in this case. In the United States as a green card holder the adopted child should be living with the adopted parent(s) and must be less than 18 years of age and unmarried.

By a United States citizen parent or parents a child who is adopted does not automatically become a United States citizen. For an adopted child who is not married and who does not automatically become a citizen of the United States on behalf of the child by either an INS administrative process or by a naturalization process through the court the citizen parent(s) may choose to apply for United States citizenship.

A application for certificate of citizenship in behalf of an adopted child, Form N-643 must be filed with the INS according to the administrative process. And also this should be completed before the child is 18 years of age. For children above 18 years of age you need to file N400.The child adopted while less than 16 years of age, and a lawful permanent resident of the United States must be unmarried.

Only after the Form N-643 is approved and the certificate of citizenship is issued the child becomes a citizen. This is an alternate method. The other procedure is in which the United States citizen parent(s) may petition for the naturalization of an adopted child.

For naturalization in behalf of child application to file petition, Form N-402 with the USCIS must be filed under the naturalization by court procedure. In this process there is no waiting period necessarily. After the child is adopted and is also a lawful permanent resident and as long as he or she is unmarried and under 18 years this Form N-402 can be filed.

Fingerprint Card Form FD-258 and Biographic Information sheet Form C-325 must also be submitted with the Form N-402 application if the child is fourteen years of age or older. The process of child’s naturalization for acceptance as citizen by the court must be completed before the child reaches 18 years.

What next if you lose passport with US visa?

 

 

Official travel documents that foreign citizens coming to the United States (U.S.) must have in their possession are passports, Visas, and Arrival-Departure Records (Form I-94 and I-94W). They will help to show their country of citizenship and legal status in the U.S. As soon as possible after their arrival in the U.S. travelers should make a copy of their passport biographic page, U.S. visa and Form I-94.

You can remain for the duration of your authorized stay, as shown on your Arrival-Departure Record (Form I-94) if you are a foreign citizen temporarily in the U.S. and you lose your U.S. visa. You will need a valid passport to depart the U.S. and to enter another country. To document that you are departing by the required date I-94 is needed as you depart the U.S. You must get them replaced immediately if passport with your I-94 are lost or stolen.

Following steps should be taken:

Report it to police:

Go to the local police station and report your document(s) lost or stolen. You will need to provide copies of the original documents if available,. You will be issued a police report detailing the incident. For your own records don’t forget to make an extra copy of the report.

Lost/Stolen Arrival-Departure Record replacement

Replacement of a lost or stolen Form I-94 falls under the responsibility of Department of Homeland Security (DHS). One needs to file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document to file for a replacement of I-94, at the DHS U.S. Citizenship and Immigration Services (USCIS) and see Arrival-Departure Record at the DHS, Customs and Border Protection (CBP) website.

To your embassy report passport lost/stolen

For information on the procedure to replace a lost or stolen passport contact the local Embassy or consular section for the country of your citizenship. Most countries have Internet web sites with contact information.

To US embassy abroad report your visa lost/stolen

Fax the Consular Section or Consul General at the Embassy abroad which issued your visa to report your visa lost or stolen. Go to the U.S. Embassy or Consulate website to locate the fax number and contact information. Be sure to include your full name, place of birth, date of birth, address in the US and if available an e-mail address. Specifically state whether the visa was lost or stolen. Fax to the Embassy or consular section if you have a copy of the passport or visa. Otherwise, if known, report the category of visa and the passport number from the lost/stolen visa.

Please note that the visas will be invalid for future travel to the U.S., and you must apply in person at the Embassy or Consulate abroad for a new visa if you have already reported your visa lost/stolen to the U.S. Embassy abroad, and then you later find your misplaced visa.

Apply for a replacement US visa

For replacement of a visa you must apply in person at a U.S. Embassy or Consulate abroad. Lost or stolen U.S. visas cannot be replaced in the US. You will need to provide a written account documenting the loss of your passport and visa when applying for the replacement of a visa. Include a copy of the police report.

 

Green Card for a K Non-immigrant in US

 

The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States.

By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as non-immigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place.

U.S. citizen fiancé(e)s file for their intended spouse on Form I-129F, Petition for Alien Fiancé(e).

Legal Immigration and Family Equity (LIFE) Act

The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens.  Due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative) at that time, a long separation could occur between the overseas fiancé(e) and their intended U.S. citizen spouse.  To prevent a long separation, U.S. citizens were allowed to file an additional petition on Form I-129F while their Form I-130 was pending to allow their foreign spouses and his/her minor children to come to the United States as non-immigrants in an expedited manner.

The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred, or in the event the petitioner and applicant were married in the United States, the country of the applicant’s current residence. After arrival in the United States, they could then complete their processing for permanent residence.

All K non-immigrants are required to file Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival to adjust status as a permanent resident of the United States.

K non-immigrants may only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them to receive their K visa status.

 

Application Process

If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4)  you will have to file for adjustment of status in order to get your green card and to remain legally in the United States.

To obtain a green card, you need to file Form I-485.

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry US citizen
who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e)

You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent’s eligibility to adjust. There are some special rules as to how long you can seek adjustment. Please refer to the related sections below under “Other considerations” for additional information.

If You Seek Adjustment as a K-3, Spouse of a U.S. Citizen

You may seek adjustment as soon as you enter the United States. You can only seek adjustment of status based on your marriage to the U.S. citizen spouse who also petitioned for K-3 status for you.

Note: You may obtain an extension of your K-3 status in 2-year intervals, while your adjustment of status application is pending. You should, at the same time, apply for an extension of the K-4 status for your child.

If You Seek Adjustment as a K-4, Child of the K-3 Spouse of a U.S. citizen

You should seek adjustment of status as soon as your parent seeks adjustment of status. You can only seek adjustment of status on the basis of the marriage of your K-3 parent to his/her U.S. citizen spouse or the stepparent-child relationship this marriage caused and upon which your I-130 is based.