How do I adjust status if I have a K-1 fiancé visa?

K-1 nonimmigrant fiancé(e) has 90 days since entry to marry an American citizen who had sponsored his/her visa. Otherwise, he/she would have to leave the United States. K-1 visa holder may apply for a green card after marriage. Status of a permanent resident can be received via “adjustment of status” process: foreign spouse should submit an adjustment of status packet including Form I-485 and other related forms to U.S. Citizenship and Immigration Services. Thus, he/she gets the right for legal living and working in the USA.

In addition to Application to Register Permanent Residence or Adjust Status (Form I-485), copies of the following documents must be filed as well:

  • copy of the birth certificate;
  • copy of the marriage certificate proving that the marriage occurred within the 90-days period;
  • copy of a government-issued ID with a photograph (passport, driver’s license or military identification document);
  • copy of passport page with admission or parole stamp, copy of passport page with nonimmigrant visa, showing that a person was either admitted or paroled into the USA after being inspected by an immigration officer;
  • copies of other approved applications related to K-status application (for instance, Petition for Alien Fiancé(e) (Form I-129F) or Application for Waiver of Grounds of Inadmissibility (Form I-601).

Below-mentioned forms are also required for a submission:

  • Form I-94 (Arrival-Departure Record);
  • Form I-864 (Affidavit of Support);
  • full Form I-693 (Report of Medical Examination and Vaccination Record) or its certain parts (in case of a medical check abroad). This form has time-limited validity, so it is possible to submit it after filing Form I-485 to avoid medical re-examination.

Here are the supporting documents and proofs to be filed with an adjustment application:

  • two identical passport-style photos taken recently;
  • evidence proving the legal termination of any prior marriages (a divorce or death certificate);
  • approval notice or notice of action on Form I-797 or I-130 (for all extensions and changes of nonimmigrant status);
  • certified police and court records for any criminal charges, arrests, or convictions (if a person was ever arrested or detained for any reason anywhere in the world).

The last thing to be mentioned, if K-1 visa expired, its holder is not eligible to submit Form I-485.

February 14, 2019

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