Simple Guide to Applying for a Green Card After Entering the U.S. on a K-1 Fiancé Visa

As a K-1 fiancé(e) visa recipient, you have successfully managed your way through the petition process with USCIS and tackled the visa application process at the U.S. Embassy/Consulate abroad. With your passport in hand (and the K-1 visa printed inside), you traveled to the United States and were lawfully admitted by CBP at either a border crossing or U.S. airport. Most importantly, within 90 days of your arrival, you married your U.S. citizen petitioner-fiancé(e) and you’re now ready to apply for your green card. In this blog post, we will provide a simple guide to applying for adjustment of status (AOS), so you can obtain your green card and become a lawful permanent resident, which allows you to live, work and prosper in the United States. While this doesn’t provide every possible detail, it is a great overview for anyone looking to apply for AOS as a K-1 visa recipient.

Adjustment of Status Eligibility Requirements

According to the Immigration & Nationality Act Section 245(a), the following are the basic eligibility requirements for applying for Adjustment of Status:

The applicant must have been inspected and admitted (or paroled) into the United States;
The applicant must properly file an adjustment of status application;
The applicant must be physically present in the United States;
The applicant must be eligible to receive an immigrant visa;
An immigrant visa must be immediately available when the applicant files for adjustment of status application and at the time of final adjudication;
The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
The applicant merits the favorable exercise of discretion.

As a K-1 visa recipient, you must meet all of the above requirements in order to be eligible to apply for adjustment of status after marrying your U.S. citizen fiancé(e).

Necessary Forms for Applying for Adjustment of Status

To apply for adjustment of status, you will need to file several forms with USCIS:

Form I-485, Application to Register Permanent Residence or Adjust Status: This is the primary form used to apply for a green card.
Form I-765, Application for Employment Authorization: If you wish to work while your AOS application is pending, you can apply for an Employment Authorization Document (EAD).
Form I-131, Application for Travel Document: If you plan to travel outside the U.S. while your application is pending, you will need to apply for Advance Parole to re-enter the U.S. without abandoning your AOS application.
Form I-864, Affidavit of Support: This form is completed by the U.S. citizen spouse to demonstrate that they have the financial means to support you and prevent you from becoming a public charge.

General Supporting Evidence for Adjustment of Status

In addition to the forms mentioned above, your submission packet should include the following general supporting evidence; however, this list is not exhaustive (your individual situation may require additional evidences):

USCIS Approval Notice for Form I-129F;
Passport photos of the applicant and U.S. citizen spouse;
Proof of the K-1 visa entry (passport with K-1 visa stamp);
Copy of your marriage certificate;
Birth certificates of both spouses;
Copy of government-issued ID for both spouses (e.g., driver’s licenses);
Copy of DS-3025 Medical Exam completed by panel physician abroad or I-693 Medical Exam (if one was not conducted abroad or if it has been more than a year since the medical exam was completed)

Your submission packet with the appropriate forms and evidences should be submitted to the appropriate filing address based upon your state of residence, which can be found at the USCIS Lockbox Filing Locations.

Conclusion

By understanding the requirements and preparing a thorough application, you can navigate this process successfully and start your new life in the United States as a lawful permanent resident. While this guide doesn’t cover every single nuance of the adjustment of status process, having a general overview of how to apply can bring you one step closer to securing your permanent resident status.

If you are interested in filing for adjustment of status as a K-1 visa recipient and would like the assistance of counsel, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.