The K1 visa only allowed you to enter the United States. In order to remain in the US legally you must get married within 90 days and apply for adjustment of status. Applying for adjustment of status is how you obtain your green card, which allows you to remain in the US legally and work. Applying for adjustment of status is the process after you marry on a K1 visa.
K1 Visa Adjustment of Status Process – Step by Step Guide:
STEP 1 – Gather the required documents:
Before you start filling out the forms required to apply for Adjustment of status, it will be extremely helpful to gather the supporting documents that must be attached to the forms. When making copies of documents for your adjustment of status packet they should be in color.
- Sponsor’s Tax Returns – Your sponsor’s Individual Federal income tax return, including W-2s for the most recent tax year.
- Proof of Sponsor’s Current Employment – Obtain a letter from your sponsor’s employer describing employment dates, type of work, salary, hours worked per week, and advancement prospects. Also obtain copies of all pay stubs for the last 6 months or the most recent pay stub if it shows cumulative pay.
- Proof of Sponsor’s US Citizenship – A copy of his birth certificate, passport, or certificate of naturalization.
- Proof that you are Eligible to Apply for Adjustment of Status – Copies of your Form I-129F approval notice (I-797, Notice of Action), your marriage certificate, passport, or certificate of naturalization.
- (2) Passport Style Photos of Applicant – You will need at least 2 passport style photos. If you are filing Form I-765 or Form I-131 concurrently with your adjustment of status application you will need an additional 2 passport style photos for each form.
- Copy of your Birth Certificate – You will need a copy of your birth certificate. If your birth certificate is not in English it will need to be translated.
- Copy of your Passport – Make a copy of the biographic information page, the page with the K1 visa, and any other marked pages with stamps and visas.
- Vaccination Supplement (DS-3025) – This form should have been given to you after the K1 visa medical exam. It shows that you meet the US vaccination requirements.
- Fees – Check the USCIS website for the current I-485 adjustment of status filing fee.
STEP 2 – Download the following forms:
When you visit the USCIS website you will find download links for both the form and its instructions. Since you took the time to gather all the required documents in step 1 it will be a breeze to fill out the forms required to apply for adjustment of status on a K1 visa.
STEP 3 – Assemble and Mail your Application:
Create a cover page for your Adjustment of Status packet. This should include the applicants contact information, a description of the benefit being filed for, and a table of contest listing all the forms and documents in your packet. Organize all the forms and documents in the order listed on your cover letter and mail your complete Adjustment of Status packet to USCIS. Before you mail your packet make a complete copy of every form, document, photo, and check or money order in your packet. To get the latest mailing address, go to the “Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status” page of the USCIS website. Shortly after USCIS receives your application they will mail you an I-797C confirming receipt of your adjustment of status application.
STEP 4: Attend Biometrics Appointment:
After receiving your application and ensuring completeness, USCIS will inform you in writing when to go to your local USCIS Application Support Center (ASC) for your biometric services appointment (fingerprinting). Failure to attend this appointment may result in denial of your application.
STEP 5: Attend Adjustment of Status Interview:
Several months after the biometrics appointment you will receive a letter informing you of your adjustment of status interview date and time. This letter will provide detailed instructions on what to bring to the interview. If approved, your “green-card” will be mailed shortly after the interview. In some cases USCIS will automatically waive the interview requirement and simply mail you your green-card.
STEP 6: Receive Conditional Green Card:
If the two of you have been married less than two years at the time your adjustment of status application is approved you will receive what is called a conditional green card. After you have been married for two years you will need to apply to remove conditional status. Basically, USCIS wants to follow up with you in two years to make sure the marriage is legitimate.