Top 8 Questions about Adjustment of Status for K visa holders

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Adjustment of Status (I-485) is one of the final, yet most important, steps for K visa holders to complete their immigration journey in the US. With Permanent Residency, a K-1 (K-2) visa entrant can permanently live with their partner.

And just like the first step (I-129F process and K visa interview), the final leg of the journey involves completing paperwork, waiting for processing times, paying fees, and attending an in-person interview with the USCIS.

To help you prepare for success, let’s review the top questions and answers K visa holders ask when going through Adjustment of Status for a Green Card.

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Q1: How do I prepare the I-485 packet? 

The I-485 Adjustment of Status petition is a combination of different forms and proof you submit to the USCIS to apply for a Green Card. Similar to preparations for the I-129F with documentation, appropriate fees, supporting evidence, even photographs of your relationship, you’re going to prepare the Adjustment of Status.

Once you fill out the required forms, such as the I-485, form I-864, or optional I-765 or I-131, you’re going to supply additional evidence (see my I-485 checklist). For example, you may need to add your tax returns for the previous years, show proof of marriage with a certificate, even evidence that your foreign partner wants to apply for a social security card through form I-765. Once you’re done, print everything out and submit it by mail (note: you can’t file the I-485 online for fiance K visa entrants). 

Be sure that you’ve completed all the forms, signed the correct documents, and sent a solid submission because this I-485 dictates the likelihood of success in your Green Card application. To get full step-by-step details on how to fill out the I-485 and prepare the final packet, see I-485 filing instructions.

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Q2: How long does the Green Card process take? 

Predicting Green Card processing time is difficult. There are several variables to consider — such as the completeness of your paperwork, the pace at which you respond to any RFEs, and how backlogged the USCIS is before they get to adjudicate your application.

Nonetheless, on average, the processing time for Green cards is about 6-12 months for K visa holders following the submission of an acceptable I-485. In between that time, you will be called in to give your biometrics (ACS) and you will also receive your Employment Authorization Card (EAD), if you applied for one. If you applied for a Social Security card, either through the I-765 or independently, you’ll receive it when the Social Security Administration has completed their review.

You’re encouraged to consult the USCIS processing tables for a reasonable estimate on when the USCIS will complete your review. If you sign up for case status updates, you’ll see it either says “pending”, “approved”, “RFE” or otherwise. Notice that there’s no way to “expedite” your case for quicker or premium processing. You will simply have to wait until they get to you.

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Q3: How much does the Green Card process cost?

On average, K visa holders pay anywhere from $1,200 to $1,900 per person for Adjustment of Status. This includes filing fees, direct and indirect expenses, as well as hidden costs. 

For example, the I-485 application cost is over $1,000 per person (rates may vary, see the USCIS for exact and current costs). In addition, the cost to get documentation, make photocopies, print receipts, and mail out the I-485 packet add hundreds of dollars more. 

Interestingly, the two biggest variables are

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(1) The number of K-2 visa children applying for a Green Card, and;

(2) Whether you use legal help.

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Realize that K-2 visa children are counted as individual applicants and can skyrocket the costs of the applications. And if you choose to use legal help with your paperwork, you can expect to pay a minimum of $2,000 on average. 

So the cost of Adjustment of Status is a decisive factor for many couples and when they decide to apply. For a full, detailed breakdown of the costs, see I-485 costs.

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Q4: What is the interview like? What do they ask?

Held about 12 months after you submit your I-485 application, an in-person USCIS interview for a Green card tests several things. Both you and your spouse appear in-person so that an officer can assess your application. Note that although a rare set of couples get approved without an interview, it’s rarely the case unless something drastic springs up (like shutdowns due to COVID-19). For most couples, however, assume there will be an interview.

During this interview, an officer determines whether:

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(1) All the details on your I-485 application are accurate and correct;

(2) A check reveals any “bars” to your adjustment (past violations or inadmissibility); and

(3) You have a bona fide marriage based on the kind of evidence you present at the interview in addition to responses to questions from the officer.

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It’s best to prepare for the interview by bringing all documents as requested in the appointment letter. This includes identification, affidavit of support, fresh evidence of a bona fide marriage, among more. Be ready to take an oath and answer questions face to face with an officer. If there are any problems or concerns, you may be able to address them immediately or through an RFE.

In terms of questions, officers generally inquire about your bona fide marriage history: When was the marriage held? Where? Who attended your marriage? Do you live together? And anything else they find suitable.

At the conclusion, the officer will hand you the results: approval, denial, or RFE. For a complete tutorial and preparation guide, see the Green card interview guide.

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Q5: What are top Reasons for Green Card Denial?

Surprisingly, statistics reveal that over 90% of family-based immigrants (including K visa entrants) get their Green Cards approved. That’s a skewed number, as I think K visa holders are approved at an even higher rate (95%). See my complete report on the I-485 statistics for a discussion surrounding the results.

But what about the remaining small number of denials? Why do they happen?

Well, it can be one or more reasons ranging from inadmissibilities, marriage fraud, all the way to Class A conditions from your medical report. Common reasons for denial (INA 212) aren’t published from the USCIS, so we don’t know exactly what percent of people are denied for which reason. However, the following are likely causes:

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Public Charge – Insufficient Affidavit of Support, income, or financials are probably a leading cause. Ideally this shouldn’t be a problem since your partner was already approved (from a financial perspective) during the K visa interview (form I-134). But the situation may have changed before the Green Card interview. In addition, the I-864 has slightly different criteria and procedures, so conditions may change.
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No Bona fide Marriage – The Green Card interview is yet another opportunity for USCIS officers to confirm the validity of your marriage. If you don’t bring enough proof OR if you don’t convince the officer enough with your responses, you may be suspected of visa / marriage fraud, leading to I-485 denial.
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Inadmissibilities – There are a great number of other possible reasons for denials: such as previous overstays, misrepresentation, criminal history, immigration violations, or miscellaneous, many of which fall under INA 212.

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Q6: When Can I work or travel abroad?

One of the biggest frustrations with K visa holders after entry is that they’re “stuck” at home. Realize: until you get an Employment Authorization, Advance parole, or a combo EAD/AP card, you’re not allowed to work or travel abroad… which clearly limits your activities while waiting.

With your I-485 Adjustment of status application, however, you’re given the option to request an optional EAD/AP card so your spouse may work or travel internationally while the Green Card is processing (which takes 12+ months). If you choose to apply for this work authorization, expect a card in the mail about 2-6 months following your I-765 or I-131 submission. 

If you choose not to submit the free and optional EAD / AP form, you have to wait until your partner gets Permanent Residency (Green Card) approved at the interview before being allowed to work or travel abroad. 

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That’s why, if you prefer the luxury of working / traveling internationally for your honeymoon, it’s highly suggested you get the Employment Authorization Document and Advance Parole. It only takes 2-4 months after your biometric interview, but it’s well worth the wait and trouble.

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Q7: When can I apply for a Social Security Card?

Realize that the Social Security Administration is separate from immigration. They are a different agency and you usually have to apply for a Social Security Number on your own. However, for K visa applicants, the USCIS provides an option to apply for a new SSN along with your I-765 Employment Authorization Document.

Which means, you have three opportunities to apply for a Social Security Number upon arrival with a K-1 or K-2 visa: 

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(1) When you first arrive (even before marriage), you can apply with the SSA directly; 

(2) When you apply for an EAD card (I-765) with the USCIS; or 

(3) Once you get your green card approved. 

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The best of these options are 1 and 2, where you get a SSN quickly upon arrival into the US. This grants you tremendous freedom in life events such as getting a driver’s license. The processing time for a SSN request is about 1-4 months. For full details on the exact steps to get a SSN for K visa holders, see social security cards.

Keep in mind that a Social Security Number isn’t enough for permission to work. You must be granted either a valid EAD/AP card or a Green Card in addition before accepting employment for pay.

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Q8: When do I take the I-693 medical exam? 

Most K visa holders get a medical exam and optional vaccinations right before their K visa interview in a foreign country. When they arrive in the US, they hand over the medical report for Immigration clearing. This information gets transferred to the USCIS. 

When you apply for the I-485 Adjustment of Status after marriage, therefore, as long as it’s less than 1 year from the medical exam, you don’t need to supply the USCIS with a fresh medical report. 

But since most Green Card applications take 12+ months to process, your original medical exam will likely expire before the Green Card interview. Therefore, the USCIS grants you three options:

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(1) Get the new exam, I-693, on your own with a civil surgeon and mail the results.

(2) Get a new exam right before your scheduled I-485 interview and carry the exam results with you to the interview.

(3) Only get a new exam after the Green card interview is over and the officer determines that you need to submit a fresh medical exam

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It’s recommended to choose option (2) or (3) as it saves time and money without risking that your medical exam will be unusable / not required. 

The cost for a new medical exam depends on what parts of the exam you need, whether you need vaccinations or not, and whether you have any Class A or Class B conditions that require treatment before Green Card approval. In the absence of problems or conditions, the average cost of the medical exam is $150 – $300.