What to Know About K-1/ Fiancé Visas in New York
The green card allows a person to live and work in the United States on a permanent basis. It is the keystone for many who would like to become citizens and need stability. Acquiring a green card is a significant step. Whether you are pursuing one for yourself, would like to sponsor a family member, or are having legal issues with a green card, it is important to have a lawyer who is ready and able to step in when the situation calls. To discuss your green card with an experienced and effective New York City immigration lawyer, contact The Law Offices of Cheryl R. David for a consultation.
An individual’s eligibility for a green card depends on his or her family relationships, his or her current immigration status, and/or his or her U.S. immigration history. There are many valid ways to apply for a green card. These include:
If you are a U.S. citizen, you can apply for a green card for your spouse, child, or parent (those in the immediate relative category) who has entered the country legally, even if he or she overstayed their visa. In these situations, you may apply immediately for adjustment of status (a green card) in the United States and there is no wait list. As of 2025, median processing times for this category are approximately 8 to 9 months, though it can vary depending on your USCIS service center.
If you are a U.S. citizen and you would like to sponsor your adult child (over the age of 21) or your sibling for a green card in the U.S., your family member will be subject to a wait list, as there are a limited number of these petitions available each year. Wait times for these preference categories can range from several years to over 20 years, depending on the beneficiary’s country of origin. Additionally, in most cases, if your adult child or sibling is already inside the U.S., he or she must have entered the U.S. legally and currently be “in status” in order to be eligible.
There are certain exceptions for those who may be eligible to adjust status under the current provisional unlawful presence waiver program (Form I-601A), which began in 2013 and was expanded in 2016. This waiver may allow certain individuals who are ineligible to adjust status in the U.S. to apply for a waiver of unlawful presence before leaving the country for their consular interview. As of 2025, the median processing time for Form I-601A is between 32 and 37 months. It is important to discuss whether your loved one qualifies to adjust his or her status and obtain his or her permanent residence in the United States.
If you are an immediate relative and have not entered the United States legally or filed an application under 245(i) prior to April 30, 2001, you may still be eligible to apply for a provisional waiver through Form I‑601A. Please see the page on provisional waivers.
If you are married for fewer than two years when you receive your marriage-based green card, you must file to remove the condition within 90 days of the card’s expiration. It is important to maintain your joint documents over the years to demonstrate to the immigration service that you are still in a bona fide marriage. We understand that, unfortunately, things happen and marriages do not work out. If you find yourself in a situation where the marriage is not going as planned, and divorce proceedings have commenced or may soon commence, we can assist you with the conditional residence as well.
The key to protecting your residency is ensuring that you don’t violate U.S. criminal or immigration laws. Once you obtain your residency, you can lose it easily. We will discuss this while going through the process of obtaining your status, as well as ensuring you obtain it properly so your status is not compromised at a later date.
If you have questions about how to obtain a green card for a spouse, fiancé, or other member of your family, please do not hesitate to contact the Law Office of Cheryl R. David for an initial consultation in New York City. We look forward to working with you.
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