When a foreign fiancé enters the United States based on a K1 nonimmigrant visa, there is a time frame of 90 days to get married to the U.S. citizen who filed a petition for an Alien fiancé. The couple should marry as soon as possible, given that breaking the deadline can lead to the deportation proceedings to the home country of the visa holder.
To get a lawful permanent residence, it is necessary to apply for the adjustment of status. This process includes several stages:
1. Filling out USCIS forms that can be found and downloaded at the website. Usually, the required Forms are:
- I-485, Application to Register Permanent Residence or Adjust Status: During the process of getting a green card, this form is primarily for the fiancé to fill. The fee is 1,225$ and covers the biometric fee too, but it is recommended to check the paying information before the payment. It is possible to pay with a U.S. credit card by using the G-1450, Authorization for Credit Card Transactions form.
- I-864, Affidavit of Support Under Section 213A of the INA or the I-864EZ, Affidavit of Support Under Section 213A of the Act: These forms are used to check if the income criteria are met.
- I-693, Report of Medical Examination and Vaccination Record: If the medical exam done for a K-1 visa is older than one year, it is necessary to check again if the applicant is admissible to the U.S. based on public health standards.
- I-944, Declaration of Self-Sufficiency: The form is used to predict the possibility that the applicant will become a “public charge” after getting permanent residence.
- I-765, Application for Employment Authorization: The form provides the authorization to work in the United States.
- I-131, Application for Travel Document: If the foreign fiancé leaves the U.S. before the interview, the adjustment of status application will get canceled by USCIS. That is why it is necessary to file Form I-131 and receive the “Advance parole”.
2. Preparing and sending additional documents to support the adjustment of status application. These documents include the following:
- Marriage certificate copy, along with other evidence of spouses life together, which is substantial as proof of the bona fide marriage
- Approval notice of K1 fiancé visa petition copy, issued by USCIS
- Passport-style photographs – the number of needed photos is usually two, but some USCIS forms can demand two more
- Copy of birth certificate, with a fully translated English version of the original
- Copy of biographical information from the passport, including I-94 and travel history connected to foreign fiancé entrance to the United States from abroad
After collecting all required documents, and making copies of them, the overall Adjustment of status application should be sent to USCIS at a certain address, under the category “K-1 fiancé(e) (and K-2 dependents)“.
3. Biometrics appointment is usually scheduled before the USCIS adjustment interview, and it involves taking the fingerprints and collecting other data necessary for identification.
4. The next step in the process of getting a permanent residence is the interview at the local USCIS office. The interview is being held by the immigration officer, and both spouses should attend it. The purpose of this interview is to assure the immigration officer based on the filled adjustment of the status package and answers to the interview questions that the marriage is not fraudulent.
If the interview goes well, the conditional permanent residence will be approved. It can be expected to get a green card in the next few weeks, with an expiration date of two years. The conditional permanent residency can be converted to a permanent residence by filing an I-751, Petition to Remove Conditions on Residence form, within 90 days before the green card expires.