Applying for US Permanent Residency
These are the basic steps required by the US Citizen and/or non US Citizen Spouse. These steps should be followed as a guideline and not as specific requirements for any given case. Every case is unique and this does not address that uniqueness.
Step-by-Step Guide on How to File for Adjustment of Status for K1 and K3 Visa Holders
These are the basic steps required by the US Citizen and/or non US Citizen Spouse. These steps should be followed as a guideline and not as specific requirements for any given case. Every case is unique and this does not address that uniqueness.
| Note: When filing for Adjustment of Status K1 and K3 Visa holders are now required to submit their paperwork to the National Address (Chicago Lockbox) instead of at their local CIS office. This procedure became effective for all applicants in April 2005. After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link Download the Following Forms: 1. G-325a 2. I-864 3. I-485 4. I-765 (optional) 5. I-131 (optional) 6. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
"Cover Page" Information: In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes: -- the applicants contact information (name, address, phone number) -- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application) -- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc) -- A line with the applicants signature and date Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What Happens? I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed. Employment Authorization and Advance Parole Processing If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits: As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485). Biometrics Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer. Interview (in person) for Adjustment of Status Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks). Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them. NOTES: (1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date. (2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.  Here are some tips about the filing for Adjustment of Status for K-1 Fiance Visa holders |
If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.
When filing by mail, "priority mail with delivery confirmation" is the preferred method. Always keep a copy of what you have filed.
IF your forms include an I-485 AND an I-485A, forget the "A" one...it is used for other types of applications for adjustment, such as assylum...you ONLY need to file the regular I-485 Form, not the A supplement.
BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!!
How to get the forms: You can use forms downloaded from the USCIS website if they are printed on good quality paper with a good printer quality. You can also download free fillable forms on this site.
Other things you will need: passport-style pictures (see specification), copy of the passport, copy of the k-1 visa (and NOA2), copy of the I-94 form (both sides), copy of the fiance's birth and divorce certificates with translation, PLUS the supporting documentation for the I-864 form: letter from employer confirming employment, the last 3 years of tax returns, plus any documentation of your financial resources if you choose to include this. The rule is, if your income is not 125% of the poverty level for your family, you will need additional financial documentation. HOWEVER, if you read the form instructions carefully, it states that while they do NOT require additional financial information IF you have at least 125% of the poverty level, it says the USCIS can still ask for that information if they want... so in order to potentially avoid future questions, many people include financial information, including bank letter, letter from stockbroker, letter regarding mortgages, copy of deeds to a property, and any other financial assets... etc. It is far better to include too much information rather than not enough.
How long will I have to wait for an EAD, advance parole, and adjustment of status: You can check time here.
Where to file the forms: You will file your petition at the Chicago Lockbox. See this page for the Chicago Lockbox address (PO Box). You will receive a receipt (Notice of Action) in the mail for your
application once they receive and process it.The K-2 Visa Adjustment of Status (AOS) Application Process
If the K-2 adjustee is under 14 years of age, they will also receive a biometrics letter but are only required to attend for photos.
When sending payment, you can either write one check for each application or one check for them both. The benefit of writing just the one check is that if for any reason the K-2 AOS paperwork is not accepted and therefore returned, the full adjustment fee becomes payable. However, if the paperwork is not accepted and the check is for both applications, both applications will be returned and the correction to the K-2 application can be made and resubmitted for the same fee.Forms
Each K-2 applicant will need their own form and supporting documentation. I-864 - Affidavit of Support: K-2's don't require their own separate I-864 with supporting documents (tax returns, etc). Make sure they are listed in section 9 of the K-1's I-864, and provide a photocopy of the K-1's I-864 with the K2's paperwork. You don't need to include copies of the supporting documents with the K-2's paperwork. You won't get an RFE if you do happen to provide a separate I-864 with supporting docs for the K-2. It's just not required. I-765 - Employment Authorization Document: This is one of the two documents that the SSA will request if you want to apply for a SSN for your K-2 adjustee. Applicants under age 14 may also apply for one, if you wish to ensure that you can get a SSN for your child before their GC is approved. I-131 - Advanced Parole Works in exactly the same way as the principle applicant's AP.Older K-2 Visa adjustees
Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.
This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.Follow To Join
A qualifying child has a window of one year after the K1 visa is issued to obtain a K2 visa at a US consulate. If they don't obtain a K2 visa within that time then they are no longer eligible for a K2 visa. However, they may be eligible for an immediate relative or family based visa based on their relationship to the US citizen or the K1 parent. If the US citizen and K1 marry before the child turns 18 then the US citizen can petition for the child. If the child is not married and under 21 years old then the US citizen can petition for an IR2 visa. If the child is not married and 21 or over then the US citizen can petition for an FB1 visa. If the child is married then the US citizen can petition for an FB3 visa. If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa. If the child is 21 or over then the K1/LPR can petition for an FB2B visa.K-2's Status and Rights Post-Adjustment
A K-2's status is entirely dependent on the K-1's status. If the K-1 doesn't marry the US citizen petitioner then neither the K-1 nor the K-2 can adjust status. If the K-1's AOS is denied then the K-2's AOS is automatically denied. K-2's are conditional residents for the first two years, just like K-1's. K-2's need to apply for removal of conditions just like K-1's. If a K-1's removal of conditions is denied then the K-2's is denied, as well. There are some exceptions to the above. A K-2 can't apply for US citizenship after three years, while a K-1 who remains married to the US citizen can. A K-2 has to wait five years, just like most other LPR's. Once a K-2 successfully removes conditions then their status is no longer dependent on the K-1 parent's status.
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