After K visa entry, what are Adjustment of Status (Form I-485) steps?

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Within 90 days after entry, Fiance visa applicants must marry and apply for Adjustment of Status for permanent residency.

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You’re supposed to get married within 90 days after entry with a K-1 visa…  that much is clear… But what do you do after?

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• ● What are the steps to stay documented in the US?
• ● Steps to change status and get a green card? 
• ● Can you work or travel?
• ● What’s the timeline for filing? any deadlines?

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It’s funny, this will feel like a typical story of a hero who emerges victorious after a long battle with an adversary (i.e. K visa interview). He stands there drained of energy and ready to accept victory… but suddenly realizes the battle is still not over yet.

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Getting the K visa was one thing, now we have to make sure our partners can actually stay and live with us permanently in the US (which is the reason we file the I-485). 

So, to avoid denials, deporations, or delays, in this article we go step-by-step over what you’re supposed to do to get permanent residency (green card).

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Step 1: Enter with a K visa and get married within 90 days

The first step is to enter the US with a K-1 or K-2 visa. This is a subtle, yet important, point because you may not be able to adjust status unless you enter with the correct visa.

Next, pick a date and marry before the entry expires. Keep in mind that the K visa expiration date itself is not the deadline. The 90-day deadline actually starts the day you enter the US and Customs and Border Protection (CBP) issues you the I-94.

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Regardless of WHERE you get married within the US — a courthouse in front of a judge, by religious ceremony, or even in a different US state than which you originally planned — the time limit to marry is still 90 days. (read Entered with a K visa. What’s next?)

Once you get a marriage certificate, apply for permanent residency (the next step). You may also take this opportunity to get your partner’s last name changed, if desired.

There are additional options to consider while planning your wedding. You can apply for a Social Security card, health insurance or benefits, or even a learner’s / driver’s license. These are helpful while you wait (sometimes up to 12 months) for permanent residency. 

In terms of cost, marriage certificates are usually cheap. In New York City, for example, you can get them for $35 at the Office of the City Clerk. However, that doesn’t mean your actual wedding celebration will be inexpensive, too. 

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Step 2: file your I-485 Adjustment of Status

As a rule of thumb, as soon as you marry, waste no time preparing the I-485 application (although there’s no official deadline for fiance visa applicants to be “out of status”). 

The I-485 Adjustment of Status application is an entire packet that you prepare and send to the USCIS. It tells them you comply with the K-1 visa requirement of marrying within 90 days… and now, you want to apply for permanent residency. 

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This Green Card paperwork packet includes:

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• ● I-485 Adjustment of Status Application
• ● Marriage certificate
• ● Government issued ID card (usually passport)
• ● Birth certificate
• ● I-864 Affidavit of support + supporting documents (like IRS tax returns)
• ● I-944 Declaration of Self-sufficiency + supporting documents
• ● I-765 and I-131 forms for the EAD/AP card (optional)
• ● Proof of admission (I-94 record)
• ● I-693, if needed
• ● Copy of your approved K-1 or K-2 visa
• ● Application Fee per person
• ● Among other supporting documents (see the full I-485 checklist)

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When the USCIS receives your application, they send you the I-797c notice of receipt to confirm they’ve gotten it and started to review. This notice serves as proof that you have legal immigration status and must stay in the US while waiting.

In terms of cost, Adjustment of Status normally costs $1,225 per K-1 or K-2 visa applicant… not including the cost of mailing paperwork, gathering proof, and so on.

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What happens while your I-485 Adjustment of Status is pending

The USCIS takes about 12 months to process most green cards. Processing means they check your eligibility and perform background checks.

Until then, you cannot leave the US and you cannot work unless you submitted the optional Employment Authorization and Advance parole (forms I-765 and I-131) with your I-485.

If you did, you’ll be called in for a Biometrics appointment approximately 2-4 months later to provide photos and fingerprints at the Application Support Center (ASC). 

In less than 2 months following, this Employment Authorization and Advance Parole Card (EAD/AP combo card) shows up in the mail and allows your spouse to officially work in the US and even travel abroad temporarily. 

It’s common to face a Request for Evidence (RFEs) during your I-485 adjudication if the USCIS is unsure about something or if you’re missing details. If so, you must provide whatever’s missing. 

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Step 3: The Adjustment of Status (Green Card) interview

After your biometrics appointment, the USCIS continues processing your case. When they’re nearly done and ready to make a decision on your I-485 application, they schedule you in for an in-person interview at a local USCIS office. The average timeline for this is normally 12 months after you submit your application.

Since your packet was sent months ago and forms may be outdated by now, the USCIS asks you to bring updated ones to the interview:

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• ● Your passport
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• ● Copy of your I-485 application (as a K visa entrant)
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• ● A fresh I-864 Affidavit of Support if you have outdated tax returns, for example. Proof of self sufficiency, updated income requirements, etc.
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• ● A fresh medical exam I-693, if the first one is expired
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• ● Updated proof of a bona fide marriage – joint bank accounts, health insurance, having children, etc.
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• ● Among other documents as necessary
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• ● There is no fee for the interview

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This green card interview is held in a formal manner: you and your spouse sit across the table from a USCIS officer who interviews you both, verifies the information on your application, and assesses your bona fide marriage. Typical questions include:

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• ● When did you marry? Where?
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• ● Where do you live?
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• ● Do you two live together?
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• ● Did you have a honeymoon? Where?

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There are three possible outcomes at the conclusion of this interview:

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• ● Approval – the USCIS officer approves your case
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• ● Approval pending evidence – the officer will approve you but needs additional documents. In the meantime, you must respond to an RFE before they continue.
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• ● Denial – you’re either inadmissible or the officer doesn’t see enough bona fide marriage evidence.

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If all goes well and the officer is satisfied with your case, you will be granted a conditional 2-year Green Card. (note: this only applies to marriages less than 2 years old as is the case with most fiance visa applicants).

This I-551 card shows up in the mail 2-4 weeks later. With it, you continue to live in the US and carry on with your married life — starting a family, working, traveling abroad, and even applying for US citizenship in the future.

By allowing the green card to expire in 2 years, it forces you to re-apply (to “lift conditions”) and prove that your marriage remains bona fide. It’s a way for the USCIS to test your marriage and make sure there’s no marriage fraud. 

So, during this 2-year “testing” period, you’re responsible to gather documentation / proof for the next interview (at the conclusion which, you get a 10-year green card).

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Prepare for your I-485 in-person interview

So, let’s wrap up the discussion. Remember, after entry with a K-1 or K-2 visa, you must marry within 90 days. If you two decide not to marry, the foreign fiance can’t stay in the US and must depart before the entry expires.

If you marry, your priority is to quickly apply for the I-485 Adjustment of Status for permanent Residency as soon as you have all documents (e.g. marriage certificate). 

After that, they scheduled you for a biometrics appointment for fingerprinting. The USCIS will call you in for an in-person interview before they approve your 2-year conditional green card.

For most couples it takes about 12 months to adjust status after marriage on a K visa… which gives you plenty of time to gather proof of a bona fide marriage. However, they do give you temporary work / travel permission with the EAD/AP card while you wait.

It’s rare, but there may be denials or delays after your Adjustment of Status interview.

If you have questions about your upcoming interview, let’s talk about it below…