When the K1 visa holder is finally married to her US citizen fiance (which follows the legal process in the US) she is then given the option to apply for the adjustment of status. This conserves the legal status of stay before the K1 visa even expires.

How to apply for adjustment of status?

In general, the application process for adjustment of status in all applicants does not follow the exact same guidelines for any given case. There are many instances when additional requirements are requested which may either change the course and prolong the process or shorten it. Listed below are the basic steps to give you an overview on what are usually required.

Step-by-Step Basic Guide for the Adjustment of Status Process:

STEP 1: For the initial process, the required forms must be filled out accordingly and downloaded from the USCIS website:

  • G-325A (Biography Information)
  • I-864 (Affidavit of Support)
  • I-485 (Application to Register Permanent Residence or Adjust Status)

STEP 2: After you have filled out the forms, print them. Don’t forget to put your signature and the date when the forms are accomplished.

STEP 3: Payments must be prepared in either check or money order which is payable to the USCIS. This enables you to track your payment. The total fees for this petition normally changes and it is important that you check the updated fees on the USCIS website.

STEP 4: Required documents to be prepared include the following:

  • Copy of passport (biographical page and entry stamps)
  • Copy of visa from your passport
  • Copy of Notice of Action and 2 approval for I-129F
  • Copy of your I-94 (front and back)
  • Copy of your marriage certificate
  • Birth certificate translated in English (if any language is used other than English)
  • 2 passport-type photos, according to specifications
  • Completed I-693A vaccination, supplemented by a certified USCIS surgeon
  • Copies of your spouse’s recent Income Tax Return and W2

STEP 5: Write a cover letter that defines the nature of the visa petition and list the forms with the supporting documents enclosed with the application. Never forget to include your signature and date on the cover sheet.

STEP 6: Send the package to the USCIS National address

  • U.S Citizenship and Immigration Services, P.O. Box 805887 Chicago, IL 60680-4120

STEP 7: When the USCIS receives the application, they will send a notification for you to appear at an Application Support Center for biometrics collection which involves having the your picture, signature and fingerprint taken.

STEP 8: When the biometrics collection is completed, the USCIS will then instructs you on the interview and preparation of any other items that must be completed beforehand. Some of the documents that you must present are supporting evidences to prove the truthfulness of your relationship. Assuming that your application is approved, the “greencard” is then mailed few weeks after the interview.

 

Adjustment of Status for Thai Fiancee With a K1 Visa

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