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Adjustment of Status for Thai Fiancee With a K1 Visa

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.

 

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K1 Visa Requirements

An applicant for a K-1 Visa needs to satisfy several basic requirements in order to obtain such visa. Some of these requirements must be satisfied either by the applicant, the United States citizen-petitioner or both of them.

However, full compliance of the requirements does not automatically connotes approval as the consul officer has to study them carefully and another is that approval also relies on the answers that the applicant will provide during interview.

  • American citizenship is essential in petitioning a love one with a K-1 Visa. This means to say that green card holders or permanent residents are not allowed to petitioner their fiancé(e).
  • A personal meeting between the fiancée and the petitioner within the past two years is important too otherwise the absence of proof for such may prove detrimental to the petition.

    However, exceptions for this may apply like meeting in person would violate a strict religious or cultural practice.

  • There should be enough evidences that would prove the relationship between the petitioner and the foreign fiancée. Pictures and travel receipts among others can be used as evidences of a genuine relationship.
  • A medical examination is also essential on the K-1 Visa thus the fiancée needs to submit herself for such with the designated medical practitioner and medical facility.
  • Both the applicant and the petitioner must have no criminal records. Police certificates are needed from every country which has been a place of residence of the fiancée for at least six (6) months after her sixteenth (16) birthday.

    If there is an accompanying child aged above 16 years old then he will be required with the same.

  • Both the fiancée and the petitioner must be free from any marital commitment thus evidence of it is required such as: divorce certificate or death certificate (in case the previous spouse has since passed away).
  • The fiancée must not have broken any United States immigration laws therefore if she has been previously granted with a US Visa but has violated it (i.e. staying in the US more than she was allowed to) can mean a denial for her entrance in the country again.
  • The petitioner must be able to demonstrate that he meets the financial requirement by providing proof that he has an income at or above 125% the poverty line (this can increase accordingly) to support himself and his fiancée.

    If the petitioner cannot be able to prove it by means of his income then the USCIS would assess whether he has the capacity to support by means of assets such as stocks, bonds, bank accounts, real estate and businesses owned by him.

  • There must be a genuine purpose for both of them to get married within 90 days beginning on the date of entry of the fiancée to the United States.