Now that your foreign fiancée entered the US and you two have married, do you think the paperwork is done? The answer is no, after marriage the next step is applied for adjustment of status in order for her to remain in the USA as a permanent resident or better call “green card”. In this topic, we will discuss the Adjustment of Status. This topic could help you to get an idea what to do after marriage as a K1.
What Is (K1) Adjustment Of Status
Adjustment of Status is the process that you can use to apply for lawful permanent resident status also known as applying for a green card when you are present in the United States. This means once your foreign fiancée enters the United States as a K1 non-immigrant and marrying the US citizen petitioner within 90 days, she is now eligible to apply for lawful permanent resident status in the United States; therefore your foreign fiancée status as non-immigrant will change to a lawful permanent resident (green card holder).
When She Need To File Adjustment Of Status
Fiancée visa holder is only allowed to stay in the United States for 90 days and must marry the petitioner with in 90 days or return home. To make your stay longer in the United States you have to apply for the Adjustment of Status after marriage to the US citizen petitioner for you to be able to stay legally in the United States. K1 fiancée visa is valid for only 1 entry into the United States, upon her entry to the United States she will receive an I-94 entry card or passport admission stamp, I-94 is only valid for 90 days, she may get and print the copy of I-94 through online click here. On the other hand, if you fail to marry the U. S citizen petitioner within 90 days you should have to leave the country.
What Do You Need To Start Filing Adjustment Of Status
Getting Married to the U.S Citizen petitioner – You need to get married within 90 days on a K1 visa
Gather all Major Documents – After marriage, you can now start to gather all supporting documents needed such as
- Passport
- Birth Certificate
- Marriage Certificate
- Divorce from the past (If applicable)
- Any prior immigration documents like I-129f approval notice, noa2 etc.
- Passport size photos
- Arrival/departure records (I-94)
Medical exam or medical vaccination 
If medical is expired or more than 1 year she needs to go to USCIS approved physician close to her place and get a new medical examination. If medical is not yet expired she is good to submit medical vaccination sheet.
Prepared Adjustment of status filing fee – $1,225
Prepared US citizen proof of income (financial support) – US government don’t want to shoulder the responsibility to your spouse that is why you need to have proof of income. And if the US citizen spouse has low income, he will need to find a Co-sponsor, for example, a family member or a friend that are willing to back up support for the immigrant. They need to submit their proof of income, W2, ITR, Pay stub, employment letter, bank statement etc. and proof that he is living in the United States. For more info please visit USCIS official website here.
How To File Adjustment Of Status
When you marry a US citizen petitioner within 90 days of admission as a K1 visa non-immigrant, you become an immediate relative. The immigrant may file Form I-485 (application to register permanent residence) or also known as Adjustment of Status but of course, she also needs to meet certain requirements. This application requires a number of attachments depending on the circumstances, if AOS is sought due to marriage, the immigrant must provide proof that the marriage is bona fide. The application should also include evidence that you arrive in the US using K1 visa, and as I mentioned earlier the US citizen spouse should have enough financial resources to keep your spouse off of welfare. Immigrants and her US citizen spouse should thoroughly read over the evidence requirements and instructions established by the USCIS to their official website, because applicants who do not provide evidence or complete supporting documents may have their case delayed or even denied for failing to establish eligibility. After you download Form I-485 you can now fill this out and print and sign all the necessary pages and make sure to attach all supporting documents needed.
What Documents Need To Submit For AOS Packet
I already mentioned earlier what you need to start filing AOS, but aside from that, there are more forms and requirements you should submit, let me elaborate it and tell what exactly documents you need to include in each form. By the way, last time I applied for adjustment of status which is April 2017 Form G-325A is included in my AOS application but USCIS has been updated Form I-485 which means applicant is no longer need to file separate Form G-325A with the Form I-485 because some question to G-325A has been incorporated directly into the new updated Form I-485. Here is the AOS packet arrangement
1. Cover Letter (Optional)
2. Money order or Check $1,225 (filing fee + biometric fee)
3. G-1145 E-notification (optional) – You can fill this out if you want to get an email or text from USCIS when your I-485 application is received.
4. Form I-485, Application to register permanent residence or adjust status
Supporting Documents
- 2 passport style photographs (write your name at the back of your photo and your alien number you can get it to NOA2)
- Copy of marriage certificate (original)
- Photocopy of birth certificate
- Photocopy of government-issued ID with photograph (passport bio page)
- Photocopy of passport page with non-immigrant visa
- Photocopy of your passport page with your admission or parole stamp (issued by a US immigration officer)
- Photocopy of Arrival/Departure record (I-94)
- Photocopy of the Form I-797 – Notice of action also known as NOA2
- Photocopy of NVC letter (optional)
- Photocopy of Approval Notice for the Form I-129F filed on your behalf
- Photocopy of vaccination documentation worksheet (Medical from a foreign country is valid for 1 year)
- Wedding photos (optional)
5. Form I-864 Affidavit of support
This form must be filled out and signed by the US citizen petitioner, by signing this form you are agreeing to financially support an immigrant who applies for Adjustment of Status to become a lawful permanent resident. However, if the US citizen sponsor income is below poverty guidelines he/she can get a co-sponsor. A co-sponsor must be at least 18 years old, a US citizen or a lawful permanent resident sponsor must meet the federal poverty guidelines. You can check the poverty guidelines here.
Supporting Documents For Form I-864
- Photocopy of US citizen Birth certificate
- Photocopy of US citizen passport bio page
- Form 1040 (ITR) must submit 3 consecutive year
- Form W-2 must submit 3 consecutive year
- Recent pay stub (at least 2 months)
- Letter of employment (if applicable)
A co-sponsor must also submit
- Separate Form I-864 or Form I-864A
- Form 1040 (ITR)
- Form W-2 or any source of income document.
- Recent pay stub
- Photocopy of passport or green card
Can I Work Without A Green Card
The answer is no, but USCIS understand that AOS applicant wants to work or travel abroad while AOS is pending, that is why you can apply for an Employment Authorization Document (EAD) and Advance Parole (AP). EAD and AP are free of charge if you apply it with the AOS but if you prefer to apply it stand alone it’s also OK. Just click EAD and AP to check the price. After your AOS biometric, it takes 3 months before you will receive your EAD and AP card also known as combo card, once you receive your combo card you are now free to apply to any job and can travel abroad while AOS is pending. But you also have to know that EAD and AP have validity is just good for 1 year. Whilst, when I applied AOS with the EAD and AP I just put Form I-765 (Employment Authorization) and Form I-131 (Advance Parole) without supporting documents because somebody told me that the supporting documents of AOS, EAD and AP are almost the same so no need a separate supporting requirement to both application, I just place the EAD and AP forms after the AOS and Affidavit of support and the supporting documents in 1 folder, meaning, I followed her advice and yes she is right it was OK and turns good, but I’m not saying you should also do our way. After USCIS received my application they notify me that they already received my AOS, EAD, and AP application.
But if you want to put a separate supporting document to EAD and AP or you want to apply it separately here is the documents needed.
Form I-765 Application for Employment Authorization
Supporting documents
- Cover Letter (optional)
- G-1145 E-notification
- Duly accomplished and sign Form I-765 Application for employment authorization
- Photocopy of government-issued ID with photograph (passport bio page)
- Photocopy of passport page with non-immigrant visa
- Photocopy of Arrival/Departure record (I-94)
- Photocopy of Marriage Certificate
- Photocopy of Birth certificate
- Photocopy of the Form I-797 – Notice of action also known as NOA2
- Photocopy of NVC letter (optional)
- Photocopy of Approval Notice for the Form I-129F filed on your behalf
- 2 passport style photographs (write your name at the back of your photo and your alien number)
Form I-131 Application for travel document (AP)
Supporting documents
- Cover Letter (optional)
- G-1145 E-notification
- Duly accomplished and sign Form I-131 Application for a travel document
- Photocopy of government-issued ID with photograph (passport bio page)
- Photocopy of passport page with non-immigrant visa
- Photocopy of Arrival/Departure record (I-94)
- Photocopy of Marriage Certificate
- Photocopy of Birth certificate
- Photocopy of the Form I-797 – Notice of action also known as NOA2
- Photocopy of NVC letter (optional)
- Photocopy of Approval Notice for the Form I-129F filed on your behalf
- 2 passport style photographs (write your name at the back of your photo and your alien number)
After Filing the I-485
Once you are done assembling your I-485 you can now send it to USCIS (click here where to send your AOS packet). Just a reminder do not put a wrong amount of filing fee it must be exact, means no more no less. They can send back the packet to your address if you put the wrong amount of filing fee. When they already receive your AOS package the USCIS will notify you according to the information you wrote in the Form G-1145 e-notification. After that USCIS will send you a hard copy of Form I-797 notice of action with the receipt number and after 2-3 weeks from the date of filing you should receive a biometric appointment. You have to appear to the biometric appointment in the assign USCIS office (Homeland Security office), when you go to the application support center to have your biometric taken you must bring the appointment letter, ID such as passport, drivers license, state ID, military ID etc. you will find more info to your appointment letter, and please don’t forget to bring your marriage certificate even if it’s not on the list. USCIS will use your fingerprints to check the criminal records in the FBI, they will also take you a photo and signature capturing. After biometric, the USCIS will send you the EAD and AP combo card 90 days from the date of biometric.
The next step to that is Interview, the USCIS will send you an appointment letter for the AOS interview, you are lucky if you don’t have AOS interview but that is very rare to happen. In the interview you and your husband must be present, the couple will have the adjustment of the status interview where you both need to answer the question about dating, marriage and show that the marriage is legitimate and not just for papers. In the interview you must have a prepare joint documents such as leases, joint tax return, joint bank account, joint insurance and joint name in the birth certificate of your children, joint property etc. this is just a sample that couples are proving that they are spending money together or buying things together, you must also prepare photos together (be sure to include some from your trip to the Philippines) and photos with the family. The officer may also ask you about your spouse family background, this is just to make sure you know each other very well and you’re living in the same roof. After the interview, the officer may tell you congratulations or he will just send you the letter asking for additional evidence. So be prepared for your AOS interview and be confident, stay calm. If you pass the interview the USCIS will send your green card in your mailing address.
Note: When you file AOS make a double copy of everything for you to be able to have an extra copy to your interview. Double or even triple check the entire document before sending it to the USCIS. Remember you must not miss any signature on the forms and you must not miss every single question to the application. Make sure to double check all supporting documents and always read the instruction given by the USCIS.
Good luck and if you have any comment or question about this topic don’t hesitate to comment below
Thanks a lot,
Amie