Adjustment of Status

If you came into the U.S. via a K1 visa and married your boyfriend, it is now the proper time to submit your form for "Adjustment of Status". The reason is your legal status as a K1 will expire in 90 days, whether you get married or do not marry.

 Therefore, following your marriage, you have to file for an Adjustment of Status (AOS) using form I-485, so that your new spouse is able to stay in the United States lawfully.

The majority of successfully processed AOS have been done when the application is submitted to the USCIS office that handles your regional area. Another option is to mail in your petition, but if you do, be sure you send it certified to have a confirmation receipt.  

Send your package to the USCIS National address:
U.S. Citizenship and Immigration Services,
P.O. Box 805887
Chicago, IL 60680-4120.

The necessary items for Adjustment of Status are as follows:

1. Form I-485 (Application to Register Permanent Residence)

2. Form I-864 (Affidavit of Support) and supporting documents. This form should be notarized and must arrive together with the proper paperwork that backs up what you claim on the Affidavit. The sponsor will have to show evidence to the consular officer that the fiancé(e) will not become a burden by demonstrating that he/she has sufficient funds, finances, and/or assets to support the new household. In essence, be above 125% of the poverty level.

Supplemental documents required are:

Federal Income Tax Returns and W-2 forms for the previous three years. You are able to send copies or more “official-looking” transcripts.
 
Employment history on the employer's letterhead specifying position, salary, and commencement date.

If your present income is sufficiently above the poverty requirements but...

Your past years tax returns necessary for the USCIS are not sufficient OR

You failed to file Federal Income Tax Returns for the previous three years

You have to send a letter of explanation to the USCIS together with your Form I-864.

If your income is below the requirements, you can use your assets (preferably liquid assets such as stocks, bonds, savings accounts, CDs). If you elect to go with this method, you have to show evidence such as monthly statements and most recent statement.

3. Form I-864A (Contract Between Sponsor and Household Member)
To be used ONLY IF you have a CO-SPONSOR This form should be notarized.

4. Form I-765 (Application for Employment Authorization)
This application has to be submitted together with I-485 application. Be sure to indicate (c)(9) in item #16 of the form. This is for an Employment Authorization Document (EAD) that is good for one year.

5. G-325A Biographic Information

6. Form I-131 Travel Document/ Application for Advanced Parole
It is suggested to use this form only if, YOU, the foreign person awaiting adjustment of status, desire to leave the U.S. prior to receiving your green card. If you exit the U.S., without having this document, you will not be allowed to re-enter, because the K-1 Visa is a one-time-entry visa. If you have no needs to travel outside the U.S. prior to receiving your green card, do not use this form.

7. I-693 ,Medical Examination of Aliens Seeking Adjustment of Status

8. A certified copy of the fiancé(e)'s birth certificate. (Optional)

9. A certified copy of the Marriage Certificate  (Optional)
This can be obtained at the records office that processed your marriage application.

10. Fees
Check with your local U.S. Department of Homeland Security office on methods of payments that are accepted


IMPORTANT NOTICE: Filing fees and or form may have changed. Please visit the USCIS website for more information.

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