Adjustment of Status

Adjustment of Status. After entering the United States on a K-1 Fiancé(e) Visa and marrying a U.S. citizen, the next step for foreign nationals is to apply for Adjustment of Status (AOS) to become a lawful permanent resident (Green Card holder). This process allows K-1 visa holders to transition from temporary to permanent residency without leaving the U.S.

1. Key Requirements for Adjustment of Status

1.1 Eligibility

1. Marriage to the U.S. Citizen Sponsor:
   • The K-1 visa holder must marry the petitioning U.S. citizen within 90 days of arrival in the U.S.
2. Valid Entry:
   • The applicant must have entered the U.S. lawfully using the K-1 visa.
3. Good Faith Marriage:
   • The marriage must be genuine and not solely for immigration benefits.

2. Steps in the Adjustment of Status Process

Step 1: File Form I-485

• Purpose:
  • Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form for AOS.
• Supporting Documents:
  • Proof of marriage (e.g., marriage certificate).
  • Copy of the K-1 visa and I-94 arrival record.
  • Evidence of a bona fide marriage, such as joint financial accounts, leases, or photographs.
  • Medical examination results (Form I-693).

Step 2: Concurrent Filing of Work and Travel Authorization

• File Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole) to request permission to work and travel while the AOS is pending.

Step 3: Attend Biometrics Appointment

• Applicants must attend a biometrics appointment for fingerprinting and photograph collection, which is used for background checks.

Step 4: USCIS Interview

• Both spouses may be required to attend an interview at a local USCIS office to verify the marriage and eligibility for AOS.

3. Processing Time

• AOS applications generally take 8–14 months to process, depending on USCIS caseload and the completeness of the application.

4. Conditional Permanent Residency

1. Two-Year Conditional Green Card:
   • If the marriage is less than 2 years old when AOS is approved, the applicant receives a conditional Green Card valid for 2 years.
2. Removal of Conditions:
   • File Form I-751 within 90 days before the expiration of the conditional Green Card to apply for a permanent 10-year Green Card.

5. Common Challenges and Considerations

5.1 Filing Errors

• Incomplete or inaccurate forms may delay processing or lead to rejection.

5.2 Insufficient Evidence

• Lack of evidence proving a bona fide marriage can result in application denial.

5.3 Travel Restrictions

• K-1 visa holders must remain in the U.S. during the AOS process unless they have been granted Advance Parole.

5.4 Misrepresentation or Fraud

• USCIS scrutinizes marriages for fraud; submitting false information can lead to application denial, removal proceedings, and legal penalties.

6. Benefits of Adjustment of Status

1. Work and Travel Rights:
   • Interim benefits such as employment authorization and travel permission allow applicants to continue normal activities while waiting.
2. Path to Citizenship:
   • Green Card holders may apply for U.S. citizenship after 3 years if married to a U.S. citizen.

Conclusion

Adjustment of Status for K-1 visa holders is a crucial step toward permanent residency in the United States. While the process involves detailed documentation and adherence to strict timelines, it provides a clear pathway to secure lawful status. Applicants are encouraged to carefully prepare their applications and consult legal professionals for guidance to avoid common pitfalls.