After a K-1 fiancé visa holder enters the U.S. and marries their U.S. citizen sponsor within 90 days, they must apply for Adjustment of Status (AOS) to become a permanent resident (green card holder). This process allows them to change their immigration status from a non-immigrant to an immigrant without leaving the U.S.
1. Eligibility for Adjustment of Status
To be eligible for AOS, K-1 visa holders must:
- Have married their U.S. citizen sponsor within 90 days of entering the U.S.
- Be physically present in the U.S.
- Be lawfully admitted on the K-1 visa.
The K-1 holder’s children (K-2 visa holders) may also apply for AOS if they entered with their parent or within one year of the K-1 visa issuance.
2. Required Documents for Adjustment of Status
The AOS process involves submitting several forms and documents to U.S. Citizenship and Immigration Services (USCIS):
- Form I-485: Application to Register Permanent Residence or Adjust Status.
- Form I-864: Affidavit of Support from the U.S. citizen sponsor, proving they can financially support the applicant.
- Form I-693: Medical Examination Form (completed by a USCIS-authorized physician).
- Form I-765: Application for Employment Authorization (optional, allows the applicant to work while awaiting the green card).
- Form I-131: Application for Travel Document (optional, allows international travel during the AOS process).
Additional documents include the applicant’s birth certificate, passport, marriage certificate, visa approval notice, and photographs.
3. Biometrics Appointment
After filing the AOS application, USCIS schedules a biometrics appointment where the applicant’s fingerprints, photograph, and signature are collected. This information is used to conduct background checks to ensure the applicant does not have a criminal record or immigration violations.
4. Interview
In most cases, USCIS will require the applicant and their U.S. citizen spouse to attend an AOS interview at a local USCIS office. During the interview, a USCIS officer asks questions to verify the authenticity of the marriage and the applicant’s eligibility. The couple must provide additional evidence of their relationship, such as:
- Joint financial records
- Photographs together
- Leases or property ownership documents
The officer assesses whether the marriage was entered into in good faith and not solely for immigration purposes.
5. Green Card Issuance
If USCIS approves the AOS application, the K-1 visa holder is granted conditional permanent residence (if the marriage is less than two years old). This conditional green card is valid for two years. Within the 90-day period before the two-year expiration, the couple must file Form I-751 to remove the conditions and obtain a 10-year green card.
For couples married for more than two years at the time of approval, the applicant receives a permanent green card valid for 10 years without conditions.
6. Processing Time and Potential Delays
The AOS process for K-1 visa holders can take anywhere from 8 to 14 months depending on USCIS backlogs, local office processing times, and the applicant’s case specifics. Delays may occur if USCIS requests additional evidence or if there are concerns about the marriage’s legitimacy.
7. Travel and Work Authorization During AOS
While the AOS application is pending, the applicant may not leave the U.S. unless they have obtained advance parole (Form I-131). Without advance parole, leaving the U.S. can result in the application being considered abandoned. Applicants may also apply for employment authorization (Form I-765) to work legally during the AOS process.
Conclusion
The Adjustment of Status process is a crucial step for K-1 visa holders transitioning to permanent residency. Ensuring timely filing, gathering the correct documents, and preparing for the interview can help streamline the process. While the journey to a green card involves multiple steps, it provides the path to long-term residency in the U.S. and eventual eligibility for citizenship.