K-1 Visa - Adjustment of Status

Get your application to adjust status after coming to the U.S. on K-1 Visa

Once your fiancé(e) has entered the United States you must get married within 90 days of your fiancé(e)'s arrival in the United States. Once the marriage takes place your spouse must file Form I-485 Adjustment of Status with United States Citizenship and Immigration Services (USCIS) office. The spouse who is a U.S. citizen must complete and file the affidavit of support, with the fiancé's form I-485 application to become a lawful permanent resident. Upon approval of the I-485 adjustment of status application you will be granted a conditional status green card. A conditional green card requires that you and your spouse must apply together and file form I-751 to remove conditions on green card within 90 days before your two year anniversary of your conditional green card being issued for permanent residency.

Adjustment of Status Form I-485

The Adjustment of Status application form I-485 is a request made by the alien for a green card or permanent resident status. The person filing for adjustment of status form I485 is required to be present in the United States. A filing fee will be required. Additional photographs of the alien may be required as well. Attach proof of legal entry into the US such as Form I-94, Arrival-Departure Record (a small white card placed in passport at port of entry). The I485 (adjustment of status) application requires that a United States Citizenship and Immigration Service accredited doctor examine the alien. Submit the examination report with the form I-485 adjustment of status application. An Affidavit of Support (signed by the U.S. citizen in the presence of a notary public) and all supporting documents should be attached.

The petitioning spouse, either an American citizen or a lawful permanent resident (Family Second Preference category), is referred to as the Petitioner; the alien is referred to as the Beneficiary when filling out the forms. The alien’s status in this process is called “Adjustment of Status to Permanent Residence”.

The application to Adjust Status to Permanent Resident is made by K-1 visa holders who have entered U.S. and married their K-1 sponsor. The application is made on Form I-485 adjustment of status. Other supporting forms and documents are also required.

If you did not enter the U.S. pursuant to a K-1 visa, then you must have another basis of eligibility in order to qualify for Adjustment of Status.

Obtaining lawful permanent residence status through marriage to a U.S. Citizen is a multi step process.