Green card for Fiancée who did not marry their petitioner

By Atty. Crispin C. Lozano


If you are one of those who entered the U.S. in a Fiancée visa but did not marry the one that petition you for that visa, you may not be able to adjust status unless you qualify under the Violence against Women Act.  However, there is a new provision in the law that allows these fiancée to waive the immigration violation of unlawful presence.   This new law requires that they apply for Provisional Waiver of unlawful presence in the United States

This provisional waiver will allow the following aliens who have relatives who are U.S. citizens or green card holders to seek waiver of unlawful presence and be able to go to their home country to apply for green card.  To qualify, they must prove extreme hardship to the U.S. citizen or green card holder spouse or parents if their application for permanent residence is denied.  The beneficiaries of this provisional waiver will include:


  • Those who entered as Fiancée and did not marry the visa petitioner.
  • Seamen who entered the U.S. on a C or D visa and overstayed their visa and are not beneficiaries of Sec. 245(i).
  • Those who entered without inspection and are not beneficiaries of Sec. 245(i)
  • Those aliens who have lost their passports and have no proof of legal entry to the U.S.


Eligibility Requirements

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:


  • Be 17 years of age or older.
  • Be an immediate relative of a U.S. citizen or a Lawful Permanent Resident.
  • Have an approved Form I-130 petition or Form I-140 Employment Based petition or Form I-360 petition.
  • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Lawful Permanent Resident spouse or parent.
  • Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
  • Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.
  • Meet all other requirements for the provisional unlawful presence waiver, as detailed in the Form I-601A and its instructions.


You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:


  • You are subject to one or more grounds of inadmissibility other than unlawful presence.
  • DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after 3, 2013.

    Note: This is not a legal advice.  The Law Office of Crispin C. Lozano has successfully represented scores of clients to get green cards under the provisions of provisional waiver.



  1. On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
  2. For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
  3. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
  4. For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
  5. On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their  marital status but has no criminal records, has long residence and strong family ties in the U.S.
  6. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa  for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
  7. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
  8. For the month ending March 31, 2018, we received approvals for four naturalization applications.
  9. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
  10. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse. The I-601 waiver was approved based on extreme hardship.
  11. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  His contact phone is 1-877-456-9266, email:

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment