Adjustment of Status for K-1 Visa Holders

An Adjustment of Status is a procedure in which an eligible Thai K-1 Visa holder needs to apply for in order to change her status in the United States from being a nonimmigrant into a lawful permanent resident. This procedure does not require the applicant to leave the country while the application for adjustment is being processed.

Eligibility

Though it seems to point out that an adjustment of status is required for every K-1 Visa holder but in reality, it depends upon the nonimmigrant and her eligibility if she:

1. Applies for an adjustment of statusIn order for her status to be adjusted, the K-1 Visa holder must first lodge an application at the appropriate office with the right documents as no action can be rendered on something not rightfully applied for.
2. Immigrant Visa eligibility and admissibility for permanent residency in the United States.Even if the K-1 Visa holder-applicant applies for an adjustment of status, if she is not eligible for an immigrant visa nor admissible to become a permanent resident of the country, then her application may not be granted.
3. An immigrant visa should be readily available for the applicant when the application has been filed.Availability of an immigrant visa is a non issue for a K-1 Visa holder who is on the process of adjusting her status as the number of permanent residence cards are always available for her.

Procedures for Adjusting Status

It is the United States Citizenship and Immigration Service (USCIS), an agency under the Department of Homeland Security, which determines and confirms an applicant’s eligibility for the adjustment of status.

Further, the applicant must do the following:

• File Form I-485 Application to Register Permanent Residence. The place for filing depends on the eligibility category of the applicant and in this case, as a K-1 Visa holder or spouse, the applicant must file such form at:
  1. For U.S. Postal Service (USPS) deliveriesUSCIS
     PO Box 805887
     Chicago, IL 60680-4120
  2. For express mail and courier deliveriesUSCIS
     Attn: FBAS
     131 South Dearborn – 3rd Floor
     Chicago, IL 60603-5517
• Appear at the Application Support Center for biometrics collection when notified to do so. Here, the fingerprints, signature and photo of the applicant will be collected. There may be an instance in which the applicant will be required to be present at the USCIS to answer additional questions about her application such as the reality or truthfulness of her relationship with her fiance.This makes factual answers from the applicant crucial and these may play huge role for The applicant will be notified by mail if the application process has been completed and a decision has been reached.Once her application for an adjustment of status is approved, her status will be change from being a nonimmigrant alien in the United States and after two (2) years and if proven to be worthy, she can then apply for a “green card.”