Adjustment of Status for K1 Visa Holders

Adjustment of Status is the process through which your K-1 fiancé(e) or spouse can apply for American permanent residency from within the US. Once you and your K-1 partner get married, you can submit an application to United States Citizenship and Immigration Services (USCIS) requesting to convert their fiancé(e) nonimmigrant status to lawful permanent resident status. This process is also known as a marriage green card application. If approved, your spouse can legally live and work in the US permanently.

Adjustment of Status Eligibility Requirements

To be eligible for an Adjustment of Status, your K-1 spouse:

• Must have been lawfully admitted to the United States through inspection at an official port of entry. If they entered the country illegally they are ineligible for AOS and must pursue a visa through a US Embassy or Consulate abroad.

• Should not have a history of violating US immigration law, including brief overstays or unauthorized work. Some exceptions may apply to immediate relatives of US citizens.

• Should not be inadmissible under US law. This typically requires a clean criminal record. However, other factors like medical conditions, past fraud, or national security concerns can also prevent approval.

Adjustment of Status Evidence and Supporting Documentation

Before submitting an Adjustment of Status application, your spouse will need to gather the following supporting documents:

• Form I-94 arrival/departure record

• Form I-797 USCIS approval notice for the Form I-129F petition (K-1 visa)

• Passport including K-1 visa page and entry stamp

• Birth certificate

• Marriage certificate

• Two passport-sized photos of your spouse

Depending on their circumstances, your spouse may also need to provide the following:

• Court and police records, if they have any prior convictions

• Form I-601, Waiver of Grounds of Inadmissibility, if they could be deemed inadmissible

• Form I-212, Application for Permission to Reapply for Admission, if they have previously been deported or removed from the US

• J-1 or J-2 visa documents, if your spouse has ever held a J visa

Adjustment of Status Process

The Adjustment of Status application process involves several stages, including filing the initial petition and attending a visa interview appointment.

Filing the Form I-130, Petition for Alien Relative

The first step to applying to adjust status is filing an immigrant petition Form I-130 and Form I-130A. Notably, when applying for an immigrant visa through Adjustment of Status, your Thai spouse is considered the applicant and you are their sponsor. This requires you to submit an initial petition on your spouse's behalf. This petition is a request to United States Citizenship and Immigration Services (USCIS) to determine your spouse's eligibility for an Adjustment of Status to permanent resident.

Before submitting the petition, you will need to gather evidentiary documents to support your claims. When all forms and evidence have been prepared, they can be sent to (USCIS) for processing.

Form I-485, Application to Register Permanent Residence or Adjust Status

In addition to the Form I-130, your spouse will need to submit a Form I-485, Adjustment of Status application. The Form I-485 is often sent concurrently with the Form I-130, but can be filed at a later date. Document requirements for the Adjustment of Status vary based on the individual circumstances but all applicants are expected to provide detailed personal histories and attend a medical exam performed by an authorized panel physician. Your spouse's medical exam results (Form I-693) must be included with the Form I-485 filing or sent while the application is under review. Your spouse may be able to reuse their results from the K-1 exam, but they may still need to provide updated vaccination records.

When the USCIS receives the application package, they will notify you or your legal representative with a receipt notice. This typically takes about 2 to 3 weeks.

USCIS will then spend anywhere from a few months to over a year reviewing the submitted petition, application, and evidence. They may issue a request for evidence (RFE) if they find that additional proof is needed in support of the application. RFEs are issued if:

• the applicant did not submit all the required evidence.

• the evidence submitted has expired or is no longer valid.

• the USCIS officer requires more information to determine eligibility.

If the petition is approved, USCIS will issue you an approval notice stating that the Form I-130 has been approved. If the petition is denied, you will be notified and given reasons for refusal. In 2024, the average processing time for the initial immigrant petition approval is around one year.

It is common to also concurrently file applications for employment authorization (Form I-765), which allows your spouse to work, and Advance Parole (Form I-131), which allows them to travel in and out of the United States.

Biometrics Appointment and Visa Interview

After the Form I-485 is filed and the I-130 petition is approved, USCIS will provide notice of a biometrics appointment at a local Application Support Center. At the appointment, your spouse will be expected to provide fingerprints, photographs, and signatures. These biometrics are used to conduct background and security checks. Failure to attend the appointment without proper notice may result in the denial of the green card application.

Your spouse will be asked to attend an interview at a USCIS office to answer questions about their application under oath. They should bring originals of all documents submitted with the Form I-485 to the interview. Generally, you will also be expected to attend the interview as the sponsoring spouse.

Application Decision and Next Steps

If the application is approved, your spouse will receive a physical approval notice. A few months later, they will receive a physical permanent residency document, more commonly referred to as a green card. If the application is denied, USCIS will provide reasons for the denial and inform your spouse if they have the right to appeal.

While processing times can vary greatly based on case-specific circumstances, government backlogs, and interview availability, K-1 AOS decisions are often issued within 1 to 2 years of applying.

As a green card holder, your spouse can live and work in the United States and eventually apply for citizenship. They are also able to travel freely in and out of the US for trips abroad shorter than a year. If they intend to remain outside the US for one year or more, they should apply for a re-entry permit.

Foreign nationals who have been married for less than two years are granted conditional green cards also valid for two years. They can renew and upgrade their green card to an unconditional 10-year validity towards the end of their initial 2 years of lawful permanent residency (LPR).

Adjustment of Status Costs and Fees

You should account for the following costs when applying for an Adjustment of Status for your spouse:

• Form I-130 immigrant petition filing fee: 675 USD if filed physically, or 625 USD if filed online.

• Form I-485 filing fee: 1,440 USD per applicant

• Advance Parole (travel documents) application: 630 USD

• Employment authorization document: 260 USD (if filed with or after the Form I-485) or 520 USD (if standalone)

Dependents and Family Members

Dependent children on K-2 visas may be eligible to apply for an Adjustment of Status to permanent resident if they are unmarried, under the age of 21, and meet all other requirements for permanent residency under US law.

Reputable US Immigration Lawyers in Thailand

Siam Legal International has over two decades of experience in helping families obtain US green cards. With more than 10,000 successful visa applications, our dedicated US visa team is committed to helping you and your spouse achieve your American dream. Our specialized knowledge and personalized approach help to mitigate potential challenges and increase your chances of a successful green card application. Contact us today to schedule a consultation and start the journey to permanent residency.

Frequently Asked Questions

Who can apply for Adjustment of Status from K1?

Your spouse can apply for an Adjustment of Status if they entered the US on a K1 visa and married you within 90 days of entry.

When should we apply for an Adjustment of Status?

You and your spouse should submit the Adjustment of Status application as soon as possible after your wedding (or legal marriage) while they are still on a valid visa.

Can you apply for an Adjustment of Status outside the US?

No, adjusting status requires your partner to be physically present in the US at the time of application.

Where are Adjustment of Status applications processed and how long do they take?

Adjustment of Status applications are processed by USCIS and will take anywhere from several months to several years for a decision to be issued.

What are the USCIS fees for the applications?

In July 2024, USCIS charges the following mandatory fees for an AOS application:

• Form I-130: 675 USD (or 625 USD if filed online)

• Form I-485: 1,440 USD

What's the difference between a CR1/IR1 spousal visa application and an Adjustment of Status application?

The main difference between the CR1/IR1 spousal visas and an Adjustment of Status is your spouse's country of residence at the time of applying. To apply for an Adjustment of Status, your spouse must be physically present in the US. On the other hand, for CR1 visa and IR1 visa, your spouse must go through consular processing, meaning that they must be outside of the US.

Furthermore, the Adjustment of Status often takes longer than consular-processed spousal visas, but it does allow your spouse to stay with you in the US while their application is under review. Generally, this means that USCIS sets higher fees for the AOS than visas that require applicants to stay in their home country.

What makes a successful Adjustment of Status application?

Successful Adjustment of Status applications require comprehensive evidence and attention to detail. Preparing these applications takes significant time and is often complex and confusing. Using an experienced lawyer can save you time and money by ensuring your application is cohesive, complete, and accurate.

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