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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.

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March 3, 2020

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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.

March 3, 2020

See also

Civics Questions about US What is the highest court in the United States? (question 38 of 100)

The Supreme Court

The City Court

The main court


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