The K1 visa allows the fiance of U.S. citizens to enter the United States for up to 90 days in order to get married. However, this visa cannot be renewed. After the couple gets married, the fiance can also apply for a green card through marriage, which is possible through a process called Adjustment of Status. That means if the fiance enters the United States with a K1 visa and get married within 90 days, K1 adjustment of status is important to obtain a legal permanent residence. Since there is no extension of the K1 visa, it is important to file the K1 adjustment of status before the end of 90 days period.
Process of K1 Adjustment of status
In order to seek permanent residency or green card, you will have to go through a long process which typically includes:
Application to Adjust Status (Form I-485): As a foreign national spouse, you must file this application before the I-94 expires or before 90 days of arrival to the U.S., to avoid unlawful presence. In case if you fail to marry within these 90 days after arrival to the United States, you are required to leave the country and you will further not be eligible to file for adjustment of status or any other non-immigrant visa.
Biographic Information Sheet (Form G-325A): This application is usually filed with a K1 petition which contains all the basic information about the fiance of the foreign country. However, while filing for adjustment of status, it is necessary to update all the new information.
Affidavit of Support (Form I-864): An affidavit must be prepared by the U.S. citizen spouse to demonstrate substantial financial support and not become a public burden. If they themselves are able to support financially, the citizen spouse will have to submit the form to demonstrate that they will e able to support their spouse financially. In case if the citizen spouse does not have the minimum income required for the affidavit, a co-sponsor will be required. All individuals submitting the affidavit of support are required to show the evidence of their funds, income, taxes and W2 forms.
Report of Medical Examination and Vaccinations (Form I-693): As you must have already gone through a medical exam, to obtain your K1 visa, it is not important to have it done again. However, if the medical exam was done more than a year old, you will have to get it done again. You can further consult an immigration lawyer to further understand its clauses.
Application for Employment Authorization Document (EAD): This application allows the foreign spouse to work in the United States that covers the span before getting the green card. As a fiance or spouse, you can file for EAD right after entering the United States.
Application for Travel Document (Form I-131): The immigrant is required to fill this application if he/she is required to leave the U.S. for any reason before the interview takes place. In case if the applicant leaves the country without “Advance Parole,” a form is used to request, leaving the U.S., USCIS can cancel your application on grounds of abandoning.
K1 Adjustment of Status Interview: This is the last and the most important step for adjustment of status. The interview is conducted at the USCIS office, where the officer will ask several questions regarding your marital life, which is similar to the interview for the K1 visa. As legitimate proof of your marriage, you will have to present several documents including photographs of the couple, bank account statement, proof of joint ownership and others.
How can a qualified immigration attorney help?
While applying for the K1 Adjustment of Status, you will have to go through a rigorous process that needs a deep understanding of immigration laws and complicated documentation. Having a dedicated immigration lawyer from a reputed law firm will help you file your paperwork accurately, get timely approval of applications and finally assist you with representation to USCIS to help you get through the entire process with ease. Soon after the approval of your green card, you can have a lovely married life ahead.
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