Home  »  Knowledge base  »  How do I adjust status if I have a K-1 fiancé visa?

If you entered the United States on a K-1 visa, you have 90 days in which to get married to your US citizen fiancé who sponsored the K-1 visa. The visa cannot be renewed, so if you don’t get married within that time, you are expected to leave the country. But once you are married, you can apply for a green card and receive permanent resident status through the process called “adjustment of status.” As a foreign spouse of a US citizen you will have to file an adjustment of status packet that includes Form I-485 (and some other related USCIS forms) to have the right to live and work in the United States.

The following documents must be submitted together with your Form I-485, Application to Register Permanent Residence or Adjust Status:

  • Copy of the marriage certificate (to show that you as a K-1 nonimmigrant fiancé(e) married the US citizen within the required 90-days period).
  • Evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate (if either party to this marriage was previously married).
  • Two recent identical passport-style photographs.
  • Copy of the birth certificate.
  • Copy of a government-issued identity document with your photo (passport, driver’s license or military identification document).
  • Copies of documentation showing you were inspected by an immigration officer and either admitted or paroled into the United States: copy of passport page with admission or parole stamp, copy of passport page with nonimmigrant visa.
  • Form I-94 Arrival-Departure Record.
  • Approval notice or notice of action on Form I-797 or Form I-130 (for all extensions and changes of nonimmigrant status).
  • Form I-864, Affidavit of Support.
  • Form I-693, Report of Medical Examination and Vaccination Record (either full Form I-693 is required or only certain parts, in case you already had a medical examination overseas). Meanwhile, note that it is not obligatory to submit Form I-693 at the same time you file your adjustment application. Because of the time-limited validity of Form I-693, you may choose to submit Form I-693 after you file your Form I-485, thus you may avoid having to repeat the immigration medical examination.
  • Copies of any other approved applications related to your application for K status (for example, Form I-129F, Petition for Alien Fiancé(e) or Form I-601, Application for Waiver of Grounds of Inadmissibility).
  • Certified police and court records for any criminal charges, arrests, or convictions you had (if you were EVER arrested or detained by a law enforcement officer for any reason ANYWHERE in the world).

Also note that you cannot apply Form I-485, Application to Register Permanent Residence or Adjust Status, with expired K-1 visa.

 

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