K-1 Visa - Adjustment of Status
Definition of Key TermsThese key terms are highlighted in blue on this page to help clarify the application process. K-1 Visa A visa issued to foreign nationals who are engaged to be married to a U.S. citizen sponsor K-1 Sponsor A U.S. citizen who sponsors a foreign national for a K-1 visa so that they can get married in the U.S. Application to Adjust Status to Permanent Resident The process by which a foreign national applies for a Green Card from inside the U.S. Green Card Lawful Permanent Resident Status Immigrant Visa The document issued by a foreign consulate that allows the bearer to enter the U.S. in "Immigrant Status." The bearer becomes a Lawful Permanent Resident upon entry into the U.S. U.S. Citizenship & Immigration Services (USCIS, formerly the INS) The agency that processes the Application to Adjust Status to Permanent Resident. Get your application to adjust status after coming to the U.S. on K-1 VisaOnce 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-485The 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. |
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