Adjustment of Status for Fiancé(e)s

Adjustment of Status for Fiancé(e)s

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What to Do After a K-1 Visa is Approved?

A K-1 visa is a visa that allows the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. The K-1 visa is also known as the “Fiancé(e) Visa.

After the K-1 visa is approved, The foreign fiancé(e) can travel to the U.S. on a K-1 visa. It’s important to enter the U.S. within the validity period of the visa, which is usually 6 months from the date of visa issuance.

After entering the U.S., the couple must marry within 90 days. This is a crucial requirement for the foreign fiancé(e) to be eligible to adjust their status to that of a lawful permanent resident (green card holder).

If the couple did not marry but instead broke their relationship, and the foreign fiancé(e) subsequently married another U.S. citizen, the applicant will not be able to adjust their status to permanent but must rather apply for consular processing.

Unmarried children of a K-1 visa holder may obtain a K-2 visa.

After the K-2 visa holder’s parent has married the U.S. citizen, the children may adjust status in the same way as the parent.

In order to stay eligible for Adjustment of Status as stepchildren of a U.S. citizen petitioner, children must be under 18 when their parent married the U.S. citizen stepparent.

What Immigration Forms Must a K-1 Visa Holder File to Apply for Adjustment of Status?

K-1 visa holder must file the following immigration forms to apply for Adjustment of Status:

  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Form I-864, Affidavit of Support Under Section 213A of the INA
  • Form I-765, Application for Employment Authorization
  • Form I-131, Application for Travel Document
  • Form I-693 (only if you are filing Form I-485 more than 1 year after completing a medical examination abroad)
  • G-1145, E-Notification of Application/Petition Acceptance (if you want to receive an email and/or text message from USCIS containing USCIS receipt numbers)
  • G-1450, Authorization for Credit Card Transactions (if you want to pay the government fees by credit card). 

How Much Does it Cost to Apply for Adjustment of Status as a K-1 Fiancé(e)?

The cost to apply for adjustment of status (Form I-485) as a K-1 fiancé(e) varies depending on applicant’s age:

  • $1,225* (age 14–78)
  • $750 (age under 14 and filing together with parent’s I-485 application)
  • $1,140 (age under 14 and filing separately from parent’s I-485 application)

*Biometrics fee is included

Things to keep in mind when paying the government fees:

  • No additional fee is required for filing I-765 (employment authorization document) and I-131 (travel document) if filing at the same time or after Form I-485 is submitted
  • We recommend that you pay the government fees by personal check, cashier’s check or money order to avoid credit card transaction denial by your bank. If a credit card payment will not be processed, USCIS will not register the application and return the package to you.
  • Government fees are subject to change, so you need to check the current fees on USCIS I-485 page.

What Documents Are Required for Adjustment of Status Application as a K-1 Fiancé(e)?

When applying for adjustment of status as a K-1 fiancé(e), you will need to submit the following documents with your I-485 application:

  • Form I-129F approval notice
  • Marriage certificate
  • Evidence of U.S. citizenship (at least one of the following):
    • Birth certificate if born in the United States; 
    • Certificate of naturalization; 
    • Certificate of citizenship; 
    • Valid unexpired U.S. passport; or
    • Form FS-240, Consular Report of Birth Abroad of a U.S. Citizen (only if ever obtained a Consular Report of Birth Abroad)
  • Copy of any legal name change documents for Petitioner and/or Beneficiary (only if applicable);
  • Applicant’s birth certificate (must be a “long-form” birth certificate that lists parents’ names).
  • Applicant’s Identification Document (passport, driver’s license, or other government issued photo ID) – front and back;
  • Proof of that the Applicant initially entered as a K-1 in the prior 90 days and was inspected and admitted/paroled upon most recent entry:
    • Passport;
    • Visa;
    • Entry Stamp in passport;
    • I-94;
  • Copy of Applicant’s Certified Court Dispositions of any criminal charges, arrests, or convictions (only if applicable);
  • Copy of Applicant’s Police Report of any criminal charges, arrests, citations (only if applicable);
  • Copy of Form DS-3025 (vaccination record that was completed as part of K-1 visa application)
  • Form I-693 (Medical Exam) but only if the medical exam overseas done in conjunction with the K-1 application is over a year old when the adjustment of status is filed;
  • Additional proof of the bona fides of the marriage;
  • U.S. citizen petitioner’s tax return or IRS tax transcript for the most recent year
  • U.S. citizen petitioner’s W-2 and/or 1099 form(s) for the most recent year
  • U.S. citizen petitioner’s current employment verification letter; should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation and hire date;
  • If letter of U.S. citizen petitioner’s employment is not available, 12 months’ worth of pay stubs;
  • If self-employed, provide a letter from CPA stating annual income and what position is AND a copy of the business license or other documentation showing ownership of the company;
  • If using assets to meet the income requirement, proof of ownership of each listed asset, value of each asset listed, and documentation of any liens or mortgages on each asset listed. If listing one or more vehicles, include proof of ownership of at least one additional vehicle beyond the vehicle(s) listed in the Affidavit of Support;
  • Six (6) U.S. passport-style photographs of Applicant.

What Documents Must Children of K-1 Visa Holder File to Apply For Adjustment of Status?

Children of foreign fiancé(e) who entered the U.S. on K-2 visas and their parents married the U.S. citizen stepparents within 90 days are eligible to apply for Adjustment of Status.

The K-2 child must stay unmarried and the marriage between K-1 parent and U.S. citizen step parent must occur before the child’s 18th birthday to stay eligible for permanent residency.

K-2 children must submit the following documents with their I-485 applications:

  • K-1 parent’s marriage certificate;
  • Child’s birth certificate that lists the K-1 parent
  • Form I-129F approval notice
  • Six (6) U.S. passport-style photographs;
  • Government-issued identity document with photograph (front and back);
  • Passport page with K-2 visa;
  • Passport page with admission or parole stamp (issued by a U.S. immigration officer);
  • Form I-94
  • Copy of Applicant’s Certified Court Dispositions of any criminal charges, arrests, or convictions (only if applicable);
  • Copy of Applicant’s Police Report of any criminal charges, arrests, citations (only if applicable);
  • Copy of Form DS-3025 (vaccination record that was completed as part of K-1 visa application)
  • Form I-693 (Medical Exam) but only if the medical exam overseas done in conjunction with the K-1 application is over a year old when the adjustment of status is filed;
  • U.S. citizen petitioner’s tax return or IRS tax transcript for the most recent year
  • U.S. citizen petitioner’s W-2 and/or 1099 form(s) for the most recent year
  • U.S. citizen petitioner’s current employment verification letter; should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation and hire date;
  • If letter of U.S. citizen petitioner’s employment is not available, 12 months’ worth of pay stubs;
  • If self-employed, provide a letter from CPA stating annual income and what position is AND a copy of the business license or other documentation showing ownership of the company;
  • If using assets to meet the income requirement, proof of ownership of each listed asset, value of each asset listed, and documentation of any liens or mortgages on each asset listed. If listing one or more vehicles, include proof of ownership of at least one additional vehicle beyond the vehicle(s) listed in the Affidavit of Support

Where to Mail the Adjustment of Status Application of a K-1 Fiancé(e)?

The correct mailing address for the adjustment of status application (Form I-485) for a K-1 fiancé(e) is based on the state of the applicant’s residence.

How to determine the correct mailing address:

  • Find the state of your residence
  • If you will be mailing the application via USPS, choose the address for “U.S. Postal Service (USPS) deliveries”
  • If you will be mailing the application via FedEx, DHL or UPS, choose the address for “FedEx, UPS, and DHL deliveries”
  • If you want to receive an email notification or text message with the USCIS receipt number, fill out and submit Form G-1145. USCIS will send a text message or email with the I-485, I-765 and I-131 receipt numbers within 10 days after the submission date (check spam folder)

Related Links:

K-1 Visa – How to Bring Your Fiance(é) to the U.S.

Form I-129F, Petition for Alien Fiancé(e)

Form I-129F Instructions, How to Fill Out