Navigating the U.S. immigration system can often be a complex and daunting task, particularly when it comes to transitioning from a K-1 Fiancé Visa to Permanent Residency (Green Card status). If you have entered the U.S. on a K-1 Fiancé Visa and married your U.S. citizen partner within 90 days, the next step is typically the Adjustment of Status (AOS) process, which allows you to obtain Legal Permanent Residency in the U.S. Below you’ll find an overview of the AOS process, key steps, eligibility requirements, and important considerations, all with the aim of simplifying this procedure and assisting you in securing your Permanent Resident status.

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) is the process by which a foreign national who is already in the United States legally changes their immigration status to that of a Lawful Permanent Resident (LPR) without having to return to their home country to complete visa processing. For those who entered the U.S. on a K-1 Fiancé Visa, this process is essential to transition from being a temporary visa holder to a Permanent Resident. Essentially, it is an in-country method for applying for a green card, which can save money, time and effort for those eligible to adjust their status while residing in the US. While the process may seem simple, it requires thorough attention to detail and strict adherence to U.S. immigration laws. Any misstep could delay or even derail your application. With expert legal support, however, you can greatly increase your chances of a smooth, successful transition to Permanent Residency.

Eligibility Requirements for AOS

To qualify for Adjustment of Status, you must meet certain eligibility requirements, including the following:

1. Marriage to a U.S. Citizen: You must have married your U.S. citizen sponsor within 90 days of your arrival in the United States on the K-1 visa. This is a strict requirement set by the U.S. Citizenship and Immigration Services (USCIS). Failure to meet this requirement will derail the entire procedure and you’ll need to complete a different process. See more here.
2. Legal Entry: You must have entered the U.S. legally, which you have done under the K-1 visa.
3. Physical Presence: You must be physically present in the U.S. at the time of filing for AOS.
4. Financial Requirements: After marrying, your sponsor must submit proof that they are able to financially support you. If the financial requirements aren’t met by your spouse, you have the option to establish a joint sponsor, a person other than your spouse that meets the financial criteria to show ability to support you.

Steps in the Adjustment of Status Process

The AOS process involves several key steps, and the time it takes can vary based on your specific situation. Here’s an overview of the typical steps involved:

1. File the application

The first step is to submit Form I-485 (Application to Register Permanent Residence or Adjust Status). Along with this form, you’ll need to provide supporting documents like your passport, birth certificate etc. Additionally, if you would like the option to be able to work or travel while your case is pending you will need to also submit Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records).

2. Biometrics Appointment

After you application is filed, US Citizenship and Immigration Services (USCIS) will schedule a biometrics appointment where your fingerprints, photo and signature will be taken. This is part of the background check process

3. Initial Approval

If you have elected to also file Forms I-131 and I-765 in order to be able to travel outside the US or work in the US while your AOS is pending, respectively, USCIS will take those forms into consideration first. If your petitions are approved you will be able to travel and work without issue for the next few months until your AOS petition is decided upon.

4. Wait for a Decision

For the next few months USCIS will be processing your case. If need be, you may be required to attend an interview at a USCIS office. The officer will review your application and documents and may ask you questions about your background, intentions and details of your petition. If everything is in order, whether you were required to attend an interview or not, USCIS will approve your Adjustment of Status application and you will receive your green card. The first green card issued will be a two-year conditional permanent resident card. This is because your marriage is less than two years old at the time of approval. Within 90 days before the expiration of your conditional green card, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence, to obtain a permanent green card.

PLEASE NOTE that throughout the entire processing time of your Adjustment of Status application, which may take several months and at times over a year, you may be required to submit additional documentation as evidence by USCIS.

Timeline of the Adjustment of Status Process

The Adjustment of Status process can take several months to complete. On average, it takes between 11 to 15 months to receive approval, but this timeline can vary depending on your specific circumstances and the USCIS service center handling your case. Factors that may affect your timeline include the complexity of your case, USCIS backlogs, and how promptly you provide requested documents.

Common Challenges in the Adjustment of Status Process

While the AOS process is relatively straightforward, some common challenges can arise, especially for K-1 visa holders:

• Delays in Processing: Depending on the service center and the time of year, processing delays may occur. You should stay on top of your application and respond to any requests from USCIS in a timely manner.
• Evidence of a Bona Fide Marriage: If your relationship history or marriage is questioned, providing strong evidence of a legitimate, committed relationship is essential. Joint documents, photos, and testimony from friends and family can be helpful.

Navigating the Adjustment of Status process can be challenging, especially when there are time-sensitive deadlines and complex documentation involved. An experienced immigration attorney can help you:

• Ensure that your application is complete and accurate
• Advise you on the best evidence to submit to demonstrate the legitimacy of your marriage
• Assist in preparing for the USCIS interview
• Address any issues that may arise during the process
• Help you avoid delays or denials by ensuring full compliance with immigration laws

By working with an immigration attorney, you not only increase your chances of success but also reduce the stress and confusion that often accompanies the process. With the right preparation, the road to permanent residency can be clear, and you’ll be one step closer to making the U.S. your permanent home. If you are ready to begin your journey, contact us to discuss your case and get started on the path to securing your future in the U.S.