ADJUSTMENT OF STATUS PROCESS
After your fiance has entered the United States with their K1 visa, the next step is to get married. This must be done within 90 days of arrival and preferably as soon as possible.
Once the marriage is complete and you have a copy of the certified Marriage Certificate you must file for Adjustment of Status. For K1 visa holders this is a three (3) part process. If any children accompanied your spouse all documents must be duplicated for them as well, including the fee.
The good news on the fee is that for accompanying children, under the age of 14, the fee is $600.00 instead of the $1010.00 for your spouse.
The three (3) forms that you will be using are:
a.I-485 Adjustment of Status
b.I-765 Employment Authorization (This form must be filed for children as well)
c.I-131 Authorization to Travel
d.Biometrics appointment
Costs: When filed together, the costs for all of the above as of 2008, is $1010.00 for your Spouse.
Each child that accompanied your spouse will be $600.00 (under the age of 14) $1010.00 if
Over.
NOTE: You do not have to pay for each form individually, the $1010.00 fee covers all costs of the AOS process.
YOUR PACKAGE
1.. Cover Letter. Should include a description of what you are petitioning for, a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
In addition you should include a statement that all copies contained within this package are true and original copies and that originals are available upon request.
2. Form I-485: Petition for Alien Relative
3. Copy of your Spouses Passport (biographical page as well as entry stamps).
4 Copy of your Spouses K-1 Visa from Passport
5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F
6. Copy of your Spouses valid I-94 (front and back copies)
7. A copy of your Spouces birth certificate along with English translation. (If in any language other than English)
8. A certified copy of your marriage certificate. (If filing for your spouse) Translated as well if not in English
9. Two passport-type photos 2 x 2 of your Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Spouses Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
10. G-325A (all four pages) filled out, signed and dated
11. I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement (I-693 part 5 or if done abroad form DS-2053), not the entire medical report. (You must include the vaccination supplement with your adjustment of status application.)
12. I-864, Affidavit of Support
>> Include any additional required supporting documentation
12a. Submit I-864 or I-864A as required if you are using a Co-Sponsor
13. I-765, Application for Employment Authorization, if you want to work while your application is
processed (optional)
( Include any additional required supporting documentation or photos.)
14. I-131, Application for Travel Document, if you need to travel outside the United States while your
application is processed (optional)
(Include any additional required supporting documentation.)
* Fingerprint fee not needed for applicants under 14 ($90.00 which is part of the $1010.00 fee as shown above)
All forms necessary to file your Adjustment of Status are contained within this e-book/CD
Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). The only case in which you may file at a local office is for the following locations: Dallas District Office, El Paso District Office, and the Oklahoma City Sub Office. Please read this notice if your local USCIS office is any of these locations.
