1. What is a K-1 visa?

A K-1 visa is a non-immigrant visa which allows foreign nationals to enter the United States in order to marry their U.S. citizen fiancé(e) and adjust their status to permanent resident (Green Card holder) after marriage.

2. Who is eligible to apply for a K-1 visa?

The K-1 visa is available to foreign nationals who are engaged to a U.S. citizen and plan to get married in the United States within 90 days of entry. The foreign national must demonstrate that s/he has a valid relationship with his/her U.S. citizen fiancé and that both intend to marry within 90 days of the foreign national’s admission into the United States. Additionally, the couple must have met in person within the two years prior to filing the visa petition, unless certain requirements are waived.

3. What documents are needed to apply for a K-1 visa?

To apply for a K-1 visa, the following documents are required:
* A valid passport
* A completed Form DS-160, Nonimmigrant Visa Application
* Proof of the relationship between the petitioner and beneficiary, such as photos, emails, and other documents which show the relationship
* A financial statement establishing that the petitioner has sufficient funds to support the beneficiary in the U.S.
* Medical examination results from a designated doctor
* The original Form I-129F petition (The original Form I-129F must be submitted to the U.S. Embassy or Consulate where the applicant will be interviewed)
* Evidence of marriage if applicable

4. How long does it take to get a K-1 visa?

The processing time for a K-1 visa typically ranges from 3 to 6 months. Every case may vary and processing times can be longer depending on the complexity of the case and the availability of documents.

5. What is the process for obtaining Adjustment of Status after entering the US on a K-1 visa?

After entering the U.S. on a K-1 visa, the foreign national must file form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS) within 90 days of arriving in the United States. Along with form I-485, the foreign national must submit supporting documents verifying their eligibility for an Adjustment of Status, such as passport photos, birth certificate, evidence of a valid K-1 visa, proof of a bona fide marriage to the U.S. citizen petitioner, and other required documents. The foreign national will also be required to attend a biometrics appointment and a green card interview before their application is approved or denied.

6. Is work authorization available while waiting for Adjustment of Status?

Yes, work authorization is available to individuals while waiting for Adjustment of Status. To apply for work authorization, applicants must file Form I-765, Application for Employment Authorization.

7. Can I travel outside of the US while waiting for my Adjustment of Status?

No, you may not travel outside of the US while waiting for your adjustment of status. If you do so, you will be deemed to have abandoned the adjustment of status application and it will be closed.

8. How long does it take to receive a green card after adjustment of status?

The timeline for receiving a green card after adjustment of status will vary depending on the individual situation. Generally, it can take 4 to 6 months from the time of filing the application to receive a green card.

9. What are the filing fees associated with Adjustment of Status for Green Card?

The filing fee is $1,225. This includes the Form I-485, Application to Register Permanent Residence or Adjust Status, $85 biometric services fee, and an $85 fee for the Employment Authorization Document (EAD) or Advance Parole.

10. What happens if the I-485 application is denied?

If an I-485 application is denied, the individual who applied will receive a written notice explaining the reason for denial. Depending on the type of denial, the individual may be able to appeal or file a motion to reopen or reconsider the case. If the denial is not appealed or reconsidered, then the individual will have to leave the United States immediately.

11. Will I be eligible for public benefits after Adjustment of Status?

Yes, you may be eligible for certain public benefits once you adjust to permanent resident status. It is important to speak with an immigration attorney to learn more about eligibility for different types of benefits.

12. Does Adjustment of Status affect my current immigration status?

Adjustment of status does not affect your current immigration status while your application is being processed. However, if your application for adjustment of status is approved, your current immigration status will be changed to that of a Lawful Permanent Resident (LPR).

13. How does Adjustment of Status change my current immigration status?

Adjustment of Status is a process that allows you to change from one nonimmigrant visa status to another nonimmigrant visa status or to apply for lawful permanent residence (green card). It allows you to remain in the United States while USCIS processes your application. It can also help you avoid having to go through consular processing, which involves traveling outside of the United States for a visa interview at a U.S. consulate or embassy.

14. Do I need to attend an interview with USCIS as part of the Adjustment of Status process?

Yes, USCIS may require an in-person interview as part of the Adjustment of Status process. However, not all applicants are required to attend interviews. USCIS will send an interview notice if one is required.

15. Can my spouse and children adjust their status with me?

Your family members may be eligible to adjust their status with you. However, each individual family member must meet the eligibility requirements. For example, if your family members are in the United States in a nonimmigrant visa status, they may be eligible to adjust their status with you. Alternatively, if your family members are in the United States without any lawful immigration status, they may need to leave the United States and apply for an immigrant visa at a U.S. consulate abroad before they can adjust their status with you.

16. What evidence do I need to provide to USCIS regarding my marriage with my US citizen spouse?

When applying for a marriage-based green card, you will need to provide evidence that proves the relationship is genuine. This can include joint financial documents, joint lease or mortgage, photos of you and your spouse together, birth certificates of any children of the marriage, and affidavits from people who have known you both since before the marriage. You may also need to provide additional evidence, such as proof of your spouse’s US citizenship and proof that any previous marriages ended in divorce or death.

17. What if I marry again after filing for Adjustment of Status and before my Green Card is issued?

It depends on the specific situation and may depend on the type of visa you are applying for. In general, if you marry someone after filing an Adjustment of Status application, and before it is approved, USCIS may consider your original application to be abandoned. This could be a major issue if the visa you applied for is based on an underlying marriage relationship. In this case, you would need to start a new application. It is important to speak with an immigration attorney for specific advice in your situation.

18. What type of medical examination do I need to complete prior to filing for Adjustment of Status?

A medical exam conducted by a USCIS-approved civil surgeon is required for all applicants for Adjustment of Status. The exam includes a physical examination and tests for communicable diseases. The results of the medical exam must be provided to USCIS in the form of Form I-693, Report of Medical Examination and Vaccination Record.

19. Are there any special considerations that I should be aware of when filing for Adjustment of Status as a K-1 visa holder?

Yes, you should be aware of the following special considerations when filing for Adjustment of Status as a K-1 visa holder:

1. You will need to submit evidence of a valid marriage in order to adjust your status. This includes a valid marriage certificate, shared financial information and other documents that prove the validity of your relationship.

2. You must make sure that you meet all the eligibility criteria for Adjustment of Status. This includes being admissible to the United States and not having any immigration violations.

3. You must also complete any required medical examinations or vaccinations in order to adjust your status.

4. You must also ensure that you are up to date on all taxes and have filed any required forms with the Internal Revenue Service.

5. You may also need to file additional forms and documents depending on your particular circumstances.

20. Are there any additional forms or documents that I need to submit with my I-485 Application for Adjustment of Status?

Yes. Depending on your eligibility category, you may need to submit additional forms or documents. These may include a Form I-864 (Affidavit of Support), Form I-693 (Medical Examination of Aliens Seeking Adjustment of Status), Form I-765 (Application for Employment Authorization), Form I-131 (Application for Travel Document), and/or Form I-944 (Declaration of Self-Sufficiency). You must also submit evidence of your eligibility, such as proof of legal entry into the U.S., a valid passport, an unexpired visa, and/or other documents related to your eligibility.