Q&A: Can someone who entered with a K2 visa who was never petitioned for before he turned 21 now adjust status as?

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Question by Astrid S: Can someone who entered with a K2 visa who was never petitioned for before he turned 21 now adjust status as?
a spouse of an USC? Is he barred by 245(d)?

Best answer:

Answer by George L
No, he wouldn’t be able to adjust in the US. K-1s and K-2s can only adjust through the original petitioner of the K visa. He would have to leave the US and be processed for an immigrant visa back home. If he’s been in the US for more than 6 months since he turned 21, he would be ineligible for a visa for at least 3 years, 10 years if he’s been here for more than 12 months since the age of 21. If this applies, he’d have to apply for a waiver of the ineligibility through USCIS as well before he could get an immigrant visa.

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