Adjustment of Status

March 11, 2011 | Posted in Adjustment of Status, K1 Fiancee Visa, K3 Visa

After your fiancee arrives on his/her K1 visa, after marriage you must file the I-485 adjustment of status. This is also known as the green card process. This process consists of 5 total USCIS forms:

I-485 – Adjustment of Status
I-131 – Application for Travel Document
I-765 – Employment Authorization Form
G-325A – Biographical Form
I-864 – Affidavit of Support

At this time of this writing, the total cost to file these forms is $1070. When submitting the above documents, you must include one check payable to the Department of Homeland Security in the amount of $1070. Be sure you check with the USCIS to confirm the current fees before you send in your adjustment of status application. The USCIS quite frequently changes their fees.

The foreign spouse must complete, and sign each and every form listed above, with the exception of the I-864 affidavit of support. The U.S. Citizen must fill out and sign I-864. He, or she must also include their supporting financial documents. If you do not meet the minimum USCIS income requirements, you will most likely need to find a co-sponsor who can assist you.

In addition to the forms listed above, you must also submit the following supporting documents:

A certified copy of your marriage certificate.

A copy of I-797 Notice of Action approval notice from your K-1 visa application.

If applicable, copies of the U.S. Citizen’s divorce documents from any and all marriages. In cases where the marriages were terminated by death of the former spouse, a copy of the death certificate must be submitted.

A copy of your spouse’s birth certificate. All documents not in English must be translated.

If applicable, copies of your spouse’s divorce documents from any prior marriages. In cases where the marriages were terminated by death of a former spouse, a copy of the death certificate must be submitted. All documents not in English must be translated.

A copy of the foreign spouse’s passport title page.

A copy of the foreign spouse’s U.S. Visa.

A copy of the foreign spouse’s I-94 Departure Record.

A copy of your United States Passport title page.

A copy of the U.S. Citizen’s birth or naturalization certificate.

Copies of your most recent tax return.

8 passport style photos of your spouse, frontal view. You must attach 2 photos to each of the forms, with the exception of the I-864 affidavit of support.

Your spouse will also need a vaccination supplement from the civil surgeon. This must be included in the adjustment of status application. You can find a civil surgeon in your area by going to the USCIS website and typing in your zip code.

Be sure you read all instructions carefully, and check out the latest information, fees, and policies with the USCIS. This is general information and it does not always apply to everyone.

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