K-1 visa holders, also known as fiancé(e) visa holders, must apply for adjustment of status in the United States after marrying their U.S. citizen fiancé(e). The adjustment of status process is the next step after the K-1 visa is used to enter the U.S. Here is a general overview of the process:
- Marriage: The K-1 visa holder must marry the U.S. citizen fiancé(e) within 90 days of entering the United States.
- Filing Form I-485: After the marriage, the K-1 visa holder can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- Supporting Documentation: Along with Form I-485, applicants need to submit supporting documentation, including proof of the marriage, financial support, medical examination results, and other required materials.
- Biometrics Appointment: After filing Form I-485, applicants typically receive a notice for a biometrics appointment where fingerprints and photographs are taken.
- Interview: In some cases, USCIS may schedule an interview as part of the adjustment of status process. The couple may be interviewed together to determine the validity of the marriage.
- Conditional Permanent Residence: If the marriage is less than two years old at the time of approval, the K-1 visa holder will receive conditional permanent residence. To remove the conditions, a joint petition (Form I-751) must be filed within the 90-day period before the conditional green card expires.
How to Fill Out Form I-485
Filling out Form I-485, Application to Register Permanent Residence or Adjust Status, is a crucial step in the process for K-1 visa holders seeking to adjust their status in the United States. Below is a general guide on how to fill out the form.
Note: The instructions provided here are a general overview and may not cover all specific circumstances. It is recommended to seek legal advice or assistance if needed.
- Download the Form:
- Obtain the latest version of Form I-485 and its instructions from the official USCIS website.
- Read the Instructions:
- Carefully read the form instructions before filling it out. The instructions provide essential information on eligibility, required documentation, and specific guidance on each section of the form.
- Gather Supporting Documents:
- Collect all necessary supporting documents, such as proof of marriage, financial documents, passport photos, and any other documents required for your specific case.
- Complete the Form:
- Fill out the form accurately and completely. Use black ink and write legibly. If a section does not apply to you, mark it as “N/A” (not applicable).
- Provide Personal Information:
- Include your personal information, such as name, address, date of birth, and Social Security number.
- Include Information About Your Spouse:
- Provide details about your U.S. citizen spouse, including their name, date of birth, and other relevant information.
- Employment and Education History:
- Complete the sections related to your employment and education history. Provide information about your current and previous employers and educational institutions.
- Affidavit of Support:
- If required, complete and submit Form I-864, Affidavit of Support, to demonstrate that you have adequate financial support.
- Medical Examination:
- Attach the completed Form I-693, Report of Medical Examination and Vaccination Record, if you haven’t submitted it separately.
- Sign and date the form where required. If you are under 14 years of age, a parent or legal guardian should sign.
- Filing Fee:
- Include the appropriate filing fee with the form. Check the USCIS website for the current fee amount and acceptable payment methods.
- Mail the Application:
- Mail the completed Form I-485, along with supporting documents and the filing fee, to the address provided in the form instructions.
It is highly recommended to consult with an immigration attorney or accredited representative for assistance in completing Form I-485, especially if you have specific concerns or complex situations. USCIS may update forms and procedures, so always refer to the most recent instructions on their official website.
Learn more: Form I-485 Checklist