Summary of Steps to Apply for K-1 Visa Adjustment of Status
- File Form I-485 along with supporting documents
- Biometrics Appointment
- K-1 Visa Adjustment of Status Interview
- Once the Adjustment of Status application is approved, you will receive your conditional green card (valid two years as...
- File Form I-751, Petition to Remove Conditions on Residence, 90 days from when...
Full Answer
What is the procedure for getting a K1 visa?
K1 Visa Process. Here are the main steps involved when applying for a K-1 fiance visa: Step 1. USCIS Filing. The United States citizen sponsor files the K1 visa petition with USCIS by mailing the completed I-129F petition package along with a check to the Department of Homeland Security for $535. Step 2.
Can I still adjust as a K1?
Unfortunately, the requirement of the K-1 visa is that you adjust based on the original marriage to your petitioner.. You are free to marry anyone you like after your divorce is final but to adjust your status, you need the person who filed the K-1 visa for you.. The longer you go without adjusting your status the more time you are in the U.S. illegally.
How much does an adjustment of status cost?
You’ll first have to pay any fees associated with your initial petition. For an adjustment of status application, you’ll typically pay $535 to file your I-130 petition. If you’re filing a different petition, check the filing instructions to make sure you pay the correct fee.
How to file adjustment of status?
- The first step in the adjustment of status process is to determine if you fit into a specific immigrant category
- In general, you may not file your Form I-485 until a visa is available in your category
- Check your priority date in the Visa Bulletin to determine whether or visa is available in your category
How long does it take for an adjustment of status from a K-1 visa?
How long will the one-step adjustment application take to process? If you filed everything correctly and USCIS does not send you a Request for Evidence (RFE), processing time for an adjustment of status from a K1 visa is usually 4-6 months.
How do I change my status after K1?
Major Steps in Adjusting Status After K-1 Fiance Visa Entryprepare various U.S. government forms.gather various documents, such as your marriage certificate.undergo a medical exam or get a vaccination report (if you didn't already have these done within the last year)More items...
How much is the adjustment of status fee for a K-1 visa?
The government filing fees for getting a K-1 visa is $800 or $2,025 for the K-1 visa and the “Adjustment of Status” form required to transfer from a K-1 visa to a green card after arriving in the United States. This does not include the typical cost of the required medical examination, which varies by provider.
Do you have to file adjustment of status within 90 days K1?
To stay in the U.S. after your K1 visa expires, you must get married within that 90 day period and file for an adjustment of status to permanent resident. You should begin the process of adjusting your status and obtaining a green card as soon as you get married.
How much does Adjustment of Status cost?
If You Are…Form FeeTotalUnder 14 and not filing with the I-485 application of at least one parent$1,140$1,140Age 14–78$1,140$1,225Age 79 or older$1,140$1,140Filing Form I-485 based on having been admitted to the United States as a refugee$0$01 more row•Aug 2, 2022
How long does it take for K-1 visa to get green card?
In total, getting a Green Card via a K1 Visa usually takes 13-18 months, but the immigrant fiance will be able to enter the U.S. as soon as they have their visa. It usually takes 9-12 months to get a K1 Visa and an additional 4-6 months to adjust status to a Green Card after the immigrant enters the US.
How long does Adjustment of Status Take 2022?
The processing time for an Adjustment of Status application can take anywhere from 8-14 months if you are married to a U.S. citizen or 29-38 months if you are married to a permanent resident (Green Card holder). The main reason for the lengthy timeline is that you have to wait for the priority date to become current.
Can I leave the US while waiting for adjustment of status?
If You Travel While Awaiting an Adjustment Interview You can travel, but must use great care. If you simply get up and go without getting official permission (called "advance parole," described below), the law says you will have given up (or abandoned, in USCIS terminology) your adjustment of status application.
What documents do I need to file adjustment of status?
Did you provide the following?Two passport-style photographs;A copy of a government-issued photo identity document (if available);A copy of your birth certificate;Documentation of your immigrant category (concurrently filed, pending, or approved Form I-360);More items...•
What happens if you don't file adjustment of status?
If you don't file your AOS before the medical expires you will need to have another medical exam. If you arrived on a K-1 visa you will not be able to get back into the U.S. should you leave the country for some reason until you have either your green card or the Advance Parole document.
How long does adjustment of status take?
The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.
Can I file adjustment of status after 90 days?
Even after 90 days, USCIS officers can use their own judgement to determine that you misrepresented your intentions. Still, you're much less likely to have problems if you wait until more than 90 days have passed before filing an AOS application.
What is the next step after getting married K-1 visa?
A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.
How long can you stay in U.S. after K-1 visa?
If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry. If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS.
What is the next step after fiancé visa is approved?
After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.
How long can I stay in U.S. with K-1 visa?
How long is my K-1 Visa good for? The K1 visa is good for 6 months and allows you to enter the United States only one time. The K1 approval from the USCIS is good for 4 months, which means the visa must be issued within 4 months of your USCIS approval.
Major Steps in Adjusting Status After K-1 Fiance Visa Entry
In order to adjust your status in the U.S., you’ll need to 1. prepare various U.S. government forms 2. gather various documents, such as your marri...
Forms Required For K-1 Fiance Entrant Adjusting Status
The USCIS forms that you’ll need to download from the USCIS website (for free!) and fill out include: 1. Form I-485, Application to Register Perman...
Documents Required For K-1 Fiancé Entrant Adjusting Status
Along with the various forms, you will need to include the following in your adjustment of status packet: 1. Long form birth certificate. This will...
Mailing Your Adjustment of Status Packet
You can't submit the adjustment of status application to USCIS in person. Instead, it must be sent to a particular USCIS office, called a “Lockbox....
Attending Your USCIS Interview
At the interview, a USCIS officer will review your application, ask questions to make sure that your marriage is the real thing (bona fide, not a s...
What form do I need to get a K-1 visa?
Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).
What is the form I-131?
Form I-131, Application for Travel Document. The immigrant should fill this out and submit it if there's any chance that he or she will want to leave the U.S. before the interview. Without receiving "Advance Parole," which this form is used to request, leaving the U.S. will result in USCIS cancelling the application, on grounds that it was abandoned.
What to expect at a USCIS interview?
At the interview, a USCIS officer will review your application and documents you brought with you to prove a bona fide marriage, ask questions to make sure that your marriage is the real thing (bona fide, not a scam or fraud to get you a green card) and hopefully approve you for conditional residence.
What forms do I need to get a green card?
The USCIS forms that you'll need to download from the USCIS website (for free) and fill out include: Form I-485, Application to Register Permanent Residence or Adjust Status. This is filled out by the immigrant, and is the primary application used in requesting a green card from within the U.S.
What is an I-864?
Form I-864, Affidavit of Support Under Section 213A of the Act or, if applicable, the I-864EZ, Affidavit of Support Under Section 213A of the Act. The affidavit must be prepared by the U.S. citizen spouse, known as the "petitioner," along with supporting financial documents.
How long does it take for a green card to arrive?
The actual green card will arrive some weeks later, bearing a two-year expiration date. Keep track of that date carefully. Within 90 days of its arrival, you'll want to apply for permanent residence on Form I-751.
Where do you go for an interview with USCIS?
A while (probably many months) after your initial filing, you'll be called in for the interview, which will take place at a USCIS office in a city near you.
How long can a K1 visa be extended?
citizen to enter the U.S. for the purpose of getting married. However, you cannot maintain K1 status for long: it lasts for a maximum of 90 days and cannot be extended. To stay in the U.S. after your K1 visa expires, ...
How long does it take to get married on a K1 visa?
Legally entered the US on a K1 visa. Married a U.S. citizen within 90 days of entering the country. Have a valid, unexpired K1 visa. The sooner you apply for an adjustment of status after you get married, the better. If you do not get married within 90 days there is no way to adjust your status and you may have to leave the U.S.
How long do you have to get married to get a green card after K1 visa expires?
To stay in the U.S. after your K1 visa expires, you must get married within that 90 day period and file for an adjustment of status to permanent resident. You should begin the process of adjusting your status and obtaining a green card as soon as you get married. This article walks you through each step of the K1 visa adjustment of status process.
What happens if you get a conditional green card?
If your adjustment of status application is approved you will receive a conditional green card. Conditional green cards are another measure to prevent fraud from individuals who obtained permanent resident status through marriage. These cards last two years and grant the same rights and privileges of a regular green card.
What happens if you don't show grounds for inadmissibility to USCIS?
After attending these two appointments, if the USCIS has discovered no grounds for inadmissibility, then you will receive a conditional green card.
How long does a conditional green card last?
This process requires you to again demonstrate the validity of your marriage. Once approved, you will receive a permanent resident card that lasts 10 years.
Where to submit petition to adjust status?
Then, you can submit your petition to adjust your status to the nearest United States Customs and Immigration Service (USCIS) office. You will receive a notice to attend a biometrics appointment and an interview at your local USCIS office.
What form do I need to file to adjust my status?
If you are applying to adjust your status to lawful permanent resident under section 245 (i) of the Immigration and Nationality Act (INA), you must complete both Form I‑485 and Form I-485 Supplement A, Adjustment of Status Under Section 245 (i).
What is adjustment of status?
Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing. If you are outside of ...
How to check my I-485?
8. Check your case status. You may check your case status online or call our USCIS Contact Center at 800-375-5283 to check the status of your Form I-485. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.
How to apply for a green card?
1. Determine if you are eligible to apply for a Green Card. U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine ...
What documents are needed for an I-485?
This includes passports, official travel documents, and Form I-94, regardless if they are expired.
When USCIS makes a decision on your application, will we send you a written decision notice?
When USCIS makes a decision on your application, we will send you a written decision notice.
Can you appeal an adjustment of status?
Generally, you cannot appeal the decision to deny an adjustment of status application . Even if you cannot appeal the denial, you may still be eligible to file a motion to reopen or reconsider. Both appeals and motions are filed on Form I-290B, Notice of Appeal or Motion.
How long do you have to get married to get an I-485?
Remember, you must get married within 90 days of entry. The I-485 application is encouraged to be applied as soon as possible afterwards.
Do I have to print off the I-485 checklist?
Download, print out, and mark off the list when you’ve completed all the paperwork. You don’t have to submit this checklist with your I-485 petition.
Is the I-485 checklist vague?
The USCIS’s official checklist for the I-485 is listed under the “immediate relative” category. However, I find that it’s vague and doesn’t offer more help than what’s in the I-485 instructions.
How long does it take to get a green card if you are a K-1?
citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.” You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.
When you marry a K-1 nonimmigrant, do you become an immediate relative?
When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.
How to apply for a waiver of inadmissibility?
You may apply for a waiver of inadmissibility or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
How long does it take to get a green card after being admitted to the US?
After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...
How long does it take to get an I-485?
You are physically present in the United States at the time you file your Form I-485; Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner; You are eligible to receive an immigrant visa;
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
Can an alien marry a non-K-1?
U.S. immigration law allows a U.S. citizen to petition for a alien fiancé (e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days after being admitted as a K-1 nonimmigrant, the alien must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé (e), ...
How long does a K2 visa last?
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.
What is the easiest part of the K1 process?
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.
What does I-485 mean?
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. . If playback doesn't begin shortly, try restarting your device. Videos you watch may be added to the TV's watch history and influence TV recommendations.
How to get an I-94?
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.
What is the form I-485?
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.
What is the adjustment of status flowchart?
The adjustment of status flowchart & timeline helps you navigate changing your spouse’s status to “permanent resident” and finally get that “Green Card” (I-551).
When does a K1 medical report expire?
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).
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
Where to file I-129F?
Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé (e) lives.
How long do you have to meet a foreign citizen?
In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
What Is the K-1 Visa?
The K-1 visa is also known as the fiancé visa. It is a nonimmigrant visa made specifically for those who are engaged to a U.S. citizen and are coming to the United States to get married. To petition for the K-1 visa, you must fill out Form I-129F. After you are approved for the fiancé visa, you have 90 days to get married.
K-1 Visa Adjustment of Status Application Process
Once you have been married within 90 days of admission into the United States and upon approval of your K-1 visa, you need to then apply for an adjustment of status. A K-1 visa adjustment of status is the process of obtaining a green card in the United States.
Overview of Adjustment of Status K-1 Forms Needed
In order to apply for an adjustment of status for your K-1 visa, in addition to the primary adjustment of status form, you will need to fill out multiple additional forms. We will review all of the forms below, but first, here is a comprehensive list of all forms needed for your adjustment of status K-1 process:
Filing for K-1 Visa Adjustment of Status
Filing for the K-1 visa adjustment of status involves the forms listed above. Each must be filed in full and signed, or else the United States Citizenship and Immigration Services (USCIS) will reject your application. Let’s review the forms required for your K-1 visa adjustment of status.
K-1 Adjustment of Status Interview
After all of your forms have been approved, you will be asked to attend a K-1 adjustment of status interview with USCIS at one of their field offices. This is typically the last step in your change of status from K-1 visa to United States resident. The purpose of the interview is to confirm that your marriage is bona fide, or in good faith.
After Completing Adjustment of Status K-1 Visa: Conditional Green Card
Once you have completed all of the above steps and have been approved for your adjustment of status, you will receive your conditional green card. Your conditional green card is only valid for two years. This is for the USCIS to ensure that, after two years, your marriage is still bonafide and lawful.
How We Can Help
The K-1 visa adjustment of status process is a complicated one, as it includes many forms to fill out and an interview to prepare for. The process can also be intense, so having the guidance of an experienced immigration attorney can help alleviate any stress that may come with your K-1 visa adjustment of status application.
