Fiance K1 Visa Adjustment of Status

Fiance(e) K1 visa Adjustment of Status (I-485) process

.

The K1 visa allowed your fiance(e) to enter the US.  But to remain in the US with you, he/she needs to marry you and adjust status to a permanent resident.  Adjusting status (I-485) means your fiance(e) and K2 children can live, work in the US and travel.  Filing the I-485 is the process after you marry on a K-1 visa.

.

.

After applying to adjust status, look forward to a fingerprinting appointment and an interview. If all goes well, the “non-immigrant” status changes to “conditional permanent resident”. That’s simply known as a 2-year conditional Green Card.

The fiance K1 visa Adjustment of Status (AOS) requires a bit of work on your part.  Are you eligible to file? Get started with what’s required to adjust status for your K1 fiance(e). Below is a flowchart of the AOS process as well as the K-1 visa Adjustment of status timeline.

.

The Fiance K1 visa adjustment of Status flowchart timeline diagram for couples

download this k-1 adjustment of status process flowchart and timeline

.

Requirements for Adjustment of Status (K1 Visa)

To meet the eligibility requirements and file the Adjustment of Status, you need to make sure of these things:

    • 1

    • Fiance enters US with a valid K1 visa
  • within the 6-month visa validity period. K-2 children may arrive together (same time) or later. If they arrive later than their K1 parent, they adjust their K2 status later.
  • .
    • 2

    • Marries within 90 days 
  • After rejoicing from a long process and journey, you’ll get married.  The condition is that it’s got to be within 90 days of arrival. It’s not recommended that you wait a long time because the marriage certificate may take some time to process. And, your fiance(e) might be out-of-status by then.  So, get your marriage certificate as soon as possible.
  • .
    • 3

    • Financial support 
  • One the major requirements for adjusting your K1 fiance(e)’s status to permanent resident is to prove that you can financially support him/her and any children. You’ll convince the USCIS that you meet minimum income requirements using IRS transcripts, tax returns, W2s and paystubs, or from assets.  In fact, your fiance(e) can include his/her own assets if needed.
  • .
    • 4

    • Medical Vaccinations 
  • Your K1 fiance(e) had the medical exam in his/her home country, and should’ve opted for the optional vaccination supplement. You’re only required to submit the supplement (DS-3025). If not, then set up an appointment to get the vaccinations now. The same criteria apply for K-2 children.
  • .
    • 5

    • Pay Fees
  • As if the process wasn’t expensive enough already, you’ve got some more payments to make. Check USCIS website for latest I-485 Adjustment of Status filing fee requirements. Both your fiance(e) and children have separate fees. Fortunately, the only cost for adjusting status on a k1 visa is filing the I-485.
  • .
    • 6

    • File “Adjustment of Status” (I-485)
  • Finally, when you realize you’ve got everything in order, you can download the I-485 from the USCIS website and start filling it out.  Below is a guide on how to complete, submit, and receive a 2-year conditional green card.

.

K1 Visa – Adjustment of Status Process

The k-1 adjustment of status process flowchart & timeline helps you navigate changing your spouse’s status to “permanent resident” and finally get that “Green Card” (I-551).

Surely, at this point you’re accustomed to long procedures and waiting times (as your k1 visa experience reminds you).  Besides, since your fiance(e) is already here and married to you, you’ve won’t feel the time fly by.

In general the two major things to keep in mind are: get married right away, and file your I-485 right away.  Here’s a step-by-step process guide on filing the I-485 Adjustment of Status.

    • 1

    • Fiance enters US with a valid K1 visa
  • It’s best for your fiance(e) not to wait long after being granted the K1 Visa before immigrating to the US. It’s true that there’s a 6-month validity period, but for many reasons (you’ll see below) it’s best to arrive soon after. The same applies for the K2 children. Getting your I-94 is very important during entry at the POE.
  • .
    • 2

    • Get Married 
  • You’ve struggled through the K1 process to get to this point: getting married.  Luckily, this is probably the easiest part of the process.  Whether you decide on a religious ceremony, an all-out celebration, or a quiet one, make sure to get your marriage certificate. And of course, you have to do this within the 90-day limit.
  • .
    • 3

    • File I-485 ‘Adjustment of Status’ 
  • There are quiet a few steps involved in submitting your I-485 AOS after the K1 visa stage.  Scroll down to ‘forms to submit’ >>
    .

      • Prepare the documents. You should already have most of the supporting documents.  But the one that you’re going to work most on is the Affidavit of Support (I-864).  You’ll get your financial information to meet the minimum requirements.
        .
      • Get vaccination (if required). If your fiance(e) chose not to get the vaccination during the k1 visa medical exam, you got to do it now. Get the I-693 and DS-3025 filled out by an authorized physician.
        .
      • Get Medical exam & vaccinations (if expired).  If you waited too long, then the medical exam & vaccinations might have expired.  They’re valid for up to 1 year. If that’s the case, you’ve got to schedule an appointment and get the exam + vaccinations before filing the I-485 AOS.
        .
      • K2 Children.  The same steps and requirements apply to any K2 children.  They’ll adjust their status with their K1 parent.
        .
      • File the I-485.  When you’ve got everything in order, submit the Adjustment of Status to the USCIS to the proper address.  Normally, 2-3 weeks later, you’ll get your receipt notice NOA1.
        .
    • Get updates.  Sign up for the USCIS “Case Status” update online. It’ll keep you informed of the progress of your AOS case.
      .
    • 4

    • Biometrics Appointment 
  • For background checks and FBI clearances, your spouse needs to have fingerprints, photo and signature captured at a ASC (local USCIS office). You get the I-797C appointment notice in the mail that informs you when and where to report for the Biometrics Appointment. There’s no additional biometrics fee.
  • .
    • Bring required documents.  Follow the letter’s instructions and bring the required documents.  Normally, this means you bring the appointment letter and identification with you.  
    • .
    • 5

    • Employment Authorization Document / Advance Parole 
  • If you submit the I-765 and the I-131 with your Adjustment of Status file, then your spouse gets the EAD and AP combo card.  This allows your spouse the legal right to work in the US and travel outside. 
  • .
    • Work or get a driver’s license. Your spouse can work and travel. This EAD and AP card also allows your spouse to get a driver’s license.
    • .
    • 6

    • Adjustment of Status Interview
  • Many months after the Biometrics appointment, you get a letter for the Adjustment of Status Interview.  This I-797C notice of action will tell you when and where to go.  Sometimes there is an interview waiver — where you won’t have to take an interview for the GC.
  • .
    • Prepare documents & Attend Interview.  Both you and your spouse attend the interview before finally being issued permanent residency (I-551).  Gather documents for the interview.  Most importantly, you should’ve been gather evidence of bona-fide marriage while waiting.
    • .
    • 7

    • Permanent Residency (2-year conditional Green Card)
    • You’re going to receive the Green Card soon after passing the interview. Again, your spouse’s rights include living, work in the US and traveling outside the US.
    • Since your marriage is less than 2 years old, you’ve still got to prove to Immigration authorities that this wasn’t immigration fraud. “Conditional Residency” means you’re on the hook for another 2 years.
      .
  • While this I-551 Green Card gives you full rights as a permanent resident, it means you’ve got to “remove” your conditions later on by proving your real marriage.

.

Now you know what the k1 visa process is after marriage. File the Adjustment of Status, get the two year conditional green card, then eventually file the I-751 for get the 10 year GC.  Marriage can be a stressful time to be thinking of the K1 visa process, but it’s important that you follow the directions and promptly file the AOS after your K1 visa process after marriage. 

.

Adjustment of Status (I-485) Forms

Your K-1 fiance(e) files the I-485 Adjustment of status based on marrying you (the sponsoring US citizen). 

Form I-485 “Application to Register Permanent Residence Or Adjust status”.  This is the way to change of status from K1 to permanent resident status.

.

K1 visa adjustment of status forms and paperwork

.

Include these in your I-485 packet

  • Filing Fees 

Pay for filing the I-485 and the Biometrics for all applicants.

  • Passport pages 

Attach legible clean photocopies of the visa page and front page.  If k2 children apply together, attach their passport copies as well.

  • (2) Passport Sized Photos

For each person filing, submit two (2) passport sized photos taken recently.

  • Documents of any criminal history

Any prison, criminal, court documents of involvement need to be submitted.

  • Notice Of Approval (NOA2) of the I-129F petition

As proof of eligibility for permanent residency, your fiance(e) submits a copy of the Approval letter (NOA2) of your I-129F petition.

  • Marriage Certificate

Include a full, clear, legible photocopy of your marriage certificate. Was it registered in the 90-day limit?

  • Fiance(e)’s Birth Certificate

Include a clear legible copy of your fiance(e)’s birth certificate.  Get it translated if needed.  You should already have these documents from the K1 visa interview. Include K2 children’s birth certificates as well.

  • Biographic Information Sheet G-325A

The G-325A is a simple biographic information sheet.  It’s just like the one you filed earlier for the I-129F. Complete and submit one for each applicant, including children. Make as many copies as required in the I-485.

  • Medical Vaccination supplemental I-693 (DS-3025)

Your fiance(e) had the medical exam in his/her home country, and given the optional vaccination.  The form DS-3025 is the vaccination supplement to that exam.  It was completed by the physician and given to your fiance(e). It’s the only part of the medical report you need to submit for the Adjustment of Status.  

However, if the medical exam was over a year ago, then it’s time for a new medical exam (i.e. the k1 medical exam report expires after 1 year). Make an appointment with an approved physician in the US and get the medical exam or vaccinations.

  • Arrival/departure document (I-94)

The I-94 is a record of your K-1 fiance(e)’s arrival into the US.  It’s very important for proving legal entry and compliance with immigration laws.  To get the I-94, you go online to the US CBP, and download your records. Sometimes the I-94 gets stamped onto passports during entry.  Either way, you provide copies of the I-94 for Adjustment of Status for your K1 fiance(e).

  • Affidavit of Support (I-864)

The I-864 is the Affidavit of Support.  This is how you prove to the USCIS that you’re financially capable of providing for your new spouse and any children (k2). If your income is 125% above the HHS Poverty Limit, then your income alone is sufficient.  

Usually you provide these documents with your I-864:

    • 1. Proof of US citizenship, legal residence or US National status.  For US Citizens (you) this usually this means a copy of your Passport page.
      .
    • 2. Copies of your latest tax returns(or an IRS transcript), provide W2 forms, 1099, and the latest several paystubs.
      .
  • 3. It’s helpful to get a “job letter” from your company confirming that you’re working in “good standing” and receive a regular salary, etc.
  • .

Any children of your fiance(e) require additional separate I-864 Affidavit of Support copies. But, you can use the same identical I-864 form for everyone.

The Affidavit of Support is actually a legal contract between you (the sponsor) and the US Gov’t. There is no filing fee.

If you don’t meet minimum financial requirements, you can supplement with your assets.  Property? stocks? If still not enough, have someone Joint sponsor with you.  Each Joint sponsor submits an additional I-864.

  • Application for Employment Authorization (EAD I-765)

An Employment Authorization Document (EAD I-765) allows your new spouse to work in the US while the conditional green card is pending.  If you file this form with the AOS, there will be an appointment to capture fingerprints and a background check.  You’ll receive the EAD card soon afterwards (give or take 2 months).

You can even file the I-765 before the Adjustment of Status I-485.  If your fiance(e) want’s to start working and earning right away. But it’s not recommended, as you’ll have to pay the extra fee for filing it alone. Besides, it only ends up giving you a few additional months that you wouldn’t have had from filing it free with the I-485.

In case things didn’t work out between you two…if there’s a divorce after the K1 process (or chance of), check this section.

At first, I didn't even know what a fiance visa was. After major setbacks in the K-1, I decided to take control... I'm no lawyer but I share helpful things I learned along the way. [Please note: nothing on this website shall be considered legal advice. Read full disclaimer below]
read about me