Petitioner dribking coffee looking at his K1 Adjustment of Status Checklist USCIS Form I-485

K1 Adjustment of Status Checklist USCIS Form I-485

Stay On Task With K1

Adjustment of Status Checklist

USCIS Form I-485

What, When, How, and Why For Filing K-1 Adjustment of Status

Conditional Gren CardPrior to discussing K1 Adjustment of Status Checklist USCIS Form I-485, lets discuss what, when, how and why for filing a K1 Adjustment of Status.

What is Adjustment of Status

Adjustment of Status (AOS) is the process of changing from a non-immigrant status to a Lawful Permanent Resident (LPR). For this situation, changing from a non-immigrant fiance to a green card holder. Therefore, as a result of AOS, you become a Lawful Permanent Resident (LPR) of the US and receive your green card.

When to File for Adjustment of Status

For those K-1 fiance visa holders, your entry into the US is on a non-immigrant visa. Your fiance visa is valid for only one entry into the US. Upon entry, you receive an I-94 entry card. The entry card is valid for 90 days.

Then, you have 90 days from the date of entry to marry the petitioner. If you fulfill the marriage requirement within 90 days, then you adjust status to a LPR. On the other hand, if you did not marry the petitioner within the 90 days, it is a requirement to leave the US.

How to File for Adjustment of Status

AOS is done using USCIS Form I-485, Adjustment of Status. In addition, besides the Form I-485, there are other forms and supporting documentation requirements that together make a K-1 Adjustment of Status Package. Therefore, we provide our K1 Adjustment of Status Checklist USCIS Form I-485 to help you prepare your K-1 Adjustment of Status Package.

In addition, file a separate Form I-485 package for each dependent. For this purpose, see our post, K2 Adjustment of Status Checklist USCIS Form I-485. (Soon to be Published.)

Why File For Adjustment of Status

As was previously stated, applying for AOS allows you to become a Lawful Permanent Resident (LPR) of the US and receive your green card, if you receive approval. As a result, you get all the benefits of being a LPR.

If you do not apply for AOS before your I-94 card expires, you loose your immigration status. In other words, you are in the US illegally. In the worse case, the US could deport you. However, that has not been the case with many out of status K-1 visa holders.

When USCIS receives your AOS application, you enter a period of authorized stay while your case is adjudicated. Another name for this status is “I-485 Pending”.

Therefore, it is best if you apply for AOS before your I-94 card expires. However, you can still apply after your I-94 card expires.

Can I Work While My AOS is Processing

In order to work in the US while your AOS is processing, there is a requirement to file Form I-765, Application for Employment Authorization Document (EAD) and receive the work permit.

For this purpose, we explain the EAD process further on below.

New job after receiving work permit (EAD) in the US.

Can I Travel Outside the US and Re-enter While My AOS is Processing

It is best not to travel outside the US during the AOS processing unless you absolutely have to go abroad. This is because you want to be available to attend your biometrics appointment, AOS interview and respond to any USCIS RFEs. In addition, you want to show that you have a commitment to live in the US.

However, short duration travel abroad is acceptable.

In order to travel abroad, it is a requirement to get Advance Parole (AP) documents prior to your departure.  This is done by filing Form I-131, Application for Travel Document.

For this purpose, we explain the AP process further on below.

Travelling abroad after receiving Advanced Parole.

K1 Adjustment of Status Checklist USCIS Form I-485

adjustment of status checklistFor the purpose of reducing the likelihood of a Request for Evidence (RFE) or denial, we provide you with our K1 Adjustment of Status Checklist USCIS Form I-485. This is for filing purposes to U.S. Citizenship and Immigration Services (USCIS).

Checklists are great for helping you stay on task. Therefore, use our K1 Adjustment of Status Checklist USCIS Form I-485 to stay on task for your USCIS Form I-485, Adjustment of Status submission.

Also, a checklist is a perfect aid to help to reduce failure by compensating for potential limits of human memory and attention. In addition, a checklist helps to ensure consistency and completeness in carrying out a task. As a result, use our K1 Adjustment of Status Checklist USCIS Form I-485 to reduce the likelihood of a RFE or denial from USCIS

With regards to our K1 Adjustment of Status Checklist USCIS Form I-485, see the checklist below or download it as an Excel file by clicking the link I 485 Adjustment of Status K-1 Fiance Visa Holder Checklist xlsx . Alternatively, if you want a pdf file, download it as a pdf file by clicking the link  I 485 Adjustment of Status K-1 Fiance Visa Holder Checklist pdf.

Concerning K1 Adjustment of Status Checklist USCIS Form I-485, we summarize the checklist items in our Now that You are in the USA IR-1/CR-1 Spousal Visa Summary Webpage. In a like manner, we also summarize them below in this post.

K1 Adjustment of Status hecklist I-485 jpg

 



 

Forms

Clip board and paper with checkmarks on forms needed

The forms that we discuss below are part of the adjustment of status petition package. However, not all forms are required. Therefore, review the K1 Adjustment of Status Checklist USCIS Form I-485 and descriptions below to see which forms are applicable to your situation.

Always check the USCIS site and get your forms from there so that you know that they are the most current. By the same token, our links above are directly inked to the USCIS web page.

Following is a summary of forms for the AOS submittal package:

  • USCIS Form I-485, Adjustment of Status, required
  • USCIS Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, if needed
  • DS-3025, Vaccination Report, if needed
  • I-765, Application for Employment Authorization, optional
  • I-131, Application for Travel Document, optional
  • G-1145, E-Notification of Application/Petition Acceptance, optional
  • Form G-1450, Authorization for Credit Card Transaction, only if using credit card
  • Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if using an attorney or Consultant

We describe and give more detail on each form in the following subsections.

USCIS Form I-485, Adjustment of Status

Go to the USCIS Form I-485, Adjustment of Status web page. Here, you find the I-485 in pdf format. In addition, you find the instructions for the I-485.

In fact, the USCIS Form I-485 is a mandatory requirement for the Adjustment of Status petition package.

USCIS Form I-693, Medical Examination of Aliens Seeking Adjustment of Status

Where to Get Form I-693

I-693 Medical Examination of Aliens Seeking Adjustment of StatusSee the USCIS webpage for the Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. In addition, see the same webpage for the I-693 instructions.

When Form I-693 is NOT Required

Most K-1 fiance visa holders seeking adjustment of status do not submit Form I-693 in their adjustment of status package.

To explain why,  you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Therefore, if you file the I-485 within one year of your medical examination abroad, then you there is no requirement to submit the I-693.

Use Form I-693 For Additional Vaccine Requirements

However, if you did not receive all the vaccine requirements, you may have to submit USCIS form I-693 with certain parts filled out. In order to check to see if you have the proper vaccinations, check your DS-3025 vaccination sheet.

Shots marked with a date (at least one of a series)

  • MMR (two are the requirement, but if you have Code B in the last column, you get a waiver)
  • Td or Tdap or DT or DTP or DtaP (One date must be no longer than 10 years ago)
  • Varicella (Either a check by “Vaccine” with a date, OR a check by “Varicella History” if you had chickenpox. History gets you a waiver)
  • Influenza (during flu season) If it is not flu season, the waiver in the last column is Code F.
  • Everything else marked “not age appropriate” Code A, insufficient time interval B, not flu season F, contraindicated are things that allow a waiver.

If you have shots missing and no waiver for them, then it is a requirement to get the shots from a local doctor or a civil surgeon. However, only a civil surgeon can sign the I-693. In order to find a civil surgeon near you, use the Find A Doctor page of MyUSCIS. All shots must also be recorded on the DS-3025 or waived. If using a local doctor for the shot, take your doctor’s vaccination report to a Civil Surgeon. Then, have the civil surgeon record it on an official DS-3025 form and complete the required portions of the I-693. For only vaccinations, the civil surgeon completes Parts 1., 2., 4., and 7. of Form I-693. The cost for these service is paid by you. Finally, submit both the I-693 and DS-3025 with your adjustment of status package.

Use Form I-693 if Overseas Medical Exam is Older Than 1 Year

If your overseas medical exam is older than 1 year, then you require a complete new exam. In fact, this exam must be done by an approved civil surgeon. As we state above, in order to find a civil surgeon near you, use the Find A Doctor page of MyUSCIS. After the exam is complete, submit the I-693 and the DS-3025 with your adjustment of status package.

I-765, Application for Employment Authorization

I-765 Application for Employment AuthorizationSee the USCIS webpage for the Form I-765, Application for Employment Authorization (EAD). In addition, see the same web page for the I-765 instructions. Also, provide a separate G-1145, E-Notification of Application/Petition Acceptance with the EAD application. Moreover, the EAD application requires two additional identical color 2″ x 2″ passport-style photographs of yourself taken recently.

If you want to work while you wait for your green card, submit an I-765, Application for Employment Authorization. As a result, you get an Employment Authorization Document (EAD) giving you permission to work.

It takes about 3 to 6 months to get the EAD back after filing the I-765 with your adjustment of status package. After receiving the EAD, you can legally work in the US.

In addition, the EAD allows you to apply to update your social security card in your new name.

Also, your social security card probably says, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” In fact, the EAD provides DHS authorization for work.

There is no fee for the I-765 if you submit it at the same time as the I-485, adjustment of status. Therefore, it’s a benefit to get at the same time as AOS since it is free.

Other reasons to get an EAD are, that in some states, it allows you to apply for a driver’s license and apply for a social security card if you did not when arriving.

I-131, Application for Travel Document (Advanced Parole) (AP)

I-131, Application for Travel DocumentWhy only Limited Travel Abroad with Advanced Parole

During your AOS review period, you should spend most of your time in the US. For the purpose of attending your AOS appointments and receive any information from USCIS,  you should spend most of your time in the US. In addition, remaining in the US shows USCIS that you have a commitment to establish your domicile here permanently.

For example, there are two appointments to attend during AOS. Firstly, you must attend a biometrics (fingerprinting) appointment. Secondly, you must attend your AOS interview. Now, USCIS has a New USCIS Adjustment of Status Interview Policy  Previously, the interview was not a given for K-1 Fiance Visa holders applying for AOS. Before, USCIS might waive the AOS interview if it felt your application was satisfactory to waive the interview. Now, the interview is mandatory of all K-1 fiance visa holders.

In addition, you should stay in the US to receive any requests for evidence that USCIS might send you. Therefore, you are able to react and respond to these requests.

On the other hand, there are appropriate reasons to travel abroad for a short duration of a few weeks. For example, these reasons include:

  • Honeymoon abroad
  • Vacation abroad
  • Family emergencies
  • Other reasons where the stay will only be for a few weeks.

After a short and sweet international travel, advance parole allows you to keep your AOS application current. Moreover, remain in the US until USCIS approves your advance parole and you have it in hand. This is because USCIS might cancel your AOS application if you leave before they issue you AP.

Finally, your AP allows you to reenter the US after travelling abroad.

How to Apply for Advanced Parole

Passenger airplane landing in a tropical place with a beach nearbyIf you have any plans of traveling abroad or to prepare just in case, you should file Form I-131, Application for Travel Document at the same time you apply for AOS. The result of approval of the Form I-131, Application for Travel Document is called Advanced Parole (AP).

See the USCIS web page for the I-131, Application for Travel Document. In addition, see the same web page for the I-131 instructions.

Similarly to the EAD, USCIS waives the AP application fee if you apply with AOS application. In other words, there is no AP application fee if you apply at the same time as your AOS application.

Likewise, AP takes about 3 to 6 months to get which is about the same time frame to get the EAD. In fact, when you apply for both EAD and AP, the end result is an EAD/AP combo card.

If you have an emergency and require an AP quickly, you can apply to expedite your AP. Namely, this is called “Emergency Travel”. For this purpose, see the USCIS web page on Emergency Travel. For example, this page tells you what are acceptable approval reasons for emergency travel and how to apply.

G-1145, E-Notification of Application/Petition Acceptance

g1145 enotificationSee the USCIS web page for the G-1145, E-Notification of Application/Petition Acceptance. In addition, see the same web page for the G-1145 instructions.

Use this form in order to receive an electronic notification (email) that USCIS has received the application. In fact, this form is optional. However, is a good thing to do as it gives you your USCIS receipt number.

Also, provide a separate G-1145, E-Notification of Application/Petition Acceptance for your I-485 AOS, I-765 EAD, and I-131 AP.

Form G-1450, Authorization for Credit Card Transaction

This form is for use if you are paying the USCIS AOS application fee by credit card. See the USCIS web page for the Form G-1450, Authorization for Credit Card Transactions. In addition, see the same webpage for the G-1450 instructions.

On the other hand, the fee can also be paid by check or money order. Therefore, this form is optional. Do not use this form if paying the fee by check or money order.

Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

This form is for use if you are using an attorney or accredited representative such as a visa consultant to do your petition. See the USCIS webpage for the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. In addition, see the same web page for the G-28 instructions.

In fact, this form is optional. Therefore, do not use this form if self-preparing the application.

Completing Forms

The forms are downloaded using the links above, printed out on a computer printer and filled in. Fill them out with a pen in black ink if your hand writing is neat and legible. On the contrary, if your handwriting is not neat or legible, fill them out electronically using PDF writing type software.

USCIS designed the forms to be filled in using Adobe Acrobat Reader. This is because Adobe Acrobat Reader is free software. However, there are a few issues in using this software. THerefore, we wrote this blog post to help you out: USCIS Visa Application Forms pdf Fillable Using Adobe Acrobat Reader.

In addition, see USCIS’ Tips for filing forms with USCIS.

Fees

Fees Paid Stamp

The fee for the adjustment of status depends on your age. Therefore, see the table below for the form and biometric fees depending on age, (As of December, 2016).

Filing Fee
If You Are… Form Fee Biometric Services Fee
Under 14 and filing with the I-485 application

of at least one parent

$750 $0
Under 14 and not filing with the I-485 application

of at least one parent

$1,140 $0
Age 14 – 78 $1,140 $85
Age 79 or older $1,140 $0

For this purpose, a check or money order payable to US Department of Homeland Security are both acceptable forms of payment. In addition, payment by credit card is available using Form G-1450, Authorization for Credit Card Transaction.

Moreover, there is no fee for I-765, Application for Employment Authorization or I-131, Application for Travel Document when applying together with USCIS Form I-485, Adjustment of Status.

Passport Photos

Provide six recent identical color passport-style photographs of yourself. For this purpose, use two each for the I-485, I-765 and I-131.

Moreover, the photos must have a white to off-white background. In addition, print the photos on thin paper with a glossy finish. Also, do not mount or retouch the photos.

The recent identical color passport-style photos must be 2 by 2 inches. In addition, the photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member.

Finally, use a pencil or felt pen to lightly print your name and A-Number on the back of the photo. Visit the DOS photo example website for examples.

Lastly, I like to put the passport photos in a zip lock bag for the submission package.

2" x 2" passport style photos for Adjustment of Status

Cover Letter

It is not mandatory to submit a cover letter when you file a USCIS Form I-751, Petition to Remove Conditions on Residence. However, we add this item to our K1 Adjustment of Status Checklist USCIS Form I-485 as a cover letter helps to introduce and clarify the purpose of the petition. In addition, a cover letter provides a list of which documents are within to support the petition.

With regards to a cover letter, see our previous blog post, “USCIS I 751 Removal of Conditions Cover Letter Example“. By way of example, we have a sample cover letter in this post in Word format. Subsequently, edit this sample document to create your own unique cover letter specifically for your USCIS Form I-751, Petition to Remove Conditions.

Supporting Documentation

Supporting documents for I-485, Adjustment of StatusOn the subject of supporting documentation, below is a summary of the supporting documentation found in our K1 Adjustment of Status Checklist USCIS Form I-485.

  • Passport Pages
  • Birth Certificate
  • Most Recent I-94 Arrival Card
  • I-129F USCIS Approval Letter (NOA2) (Form I-797 Approval Notice)
  • Marriage Certificate
  • I-864, Affidavit of Support
  • Financial Documents
  • Criminal Records, if any
  • Translations, if needed

We provide a detailed description of each of the supporting document requirements below.

Passport Pages

Submit a copy your passport pages including the following:

  • Biopage showing your picture and information
  • Non-immigrant (Fiance) visa page
  • Stamp pages showing your travel history
passport biopage for adjustment of status

 

Fiance Visa for adjustment of status

 

Passport stamp pages for adjustment of status.

Birth Certificate

Provide a copy of your birth certificate. Moreover, it is best if it is a certified true copy. Also, include front and back if anything is on the back.

In addition, be sure to provide a translation document if your birth certificate is not in English.

Birth Certificate for adjustment of status

Most Recent I-94 Arrival/Departure Card

Submit a copy of your most recent Form I-94 arrival card. The Form I-94, Arrival-Departure Record Card, keeps track of the arrival and departure to/from the United States of people who are not United States citizens or lawful permanent residents.

However, they do not give you a paper card anymore at immigration. Therefore, go to the USCIS I-94 Card Webpage and print yours out. For this purpose, click on “Get Most Recent I-94”.

Remember, your I-94 card is valid for 90 days after your entry. However, still provide a copy of the card even if it is expired.

I-94 card for adjustment of status

I-129F USCIS Approval Letter (NOA2) (Form I-797 Approval Notice)

Submit a copy of your I-129F USCIS approval letter. This is the Form I-797 Approval Notice that USCIS issued when they approved your I-129F petition. Also, many people refer to this as your Notice of Action 2 or NOA2.

Therefore, make sure that you save your NOA2 for your AOS package after receiving it.

If you lost your Form I-797, obtain a duplicate by filling out and submitting a Form I-824, Application for Action on an Approved Application or Petition

However, losing the I-797 is a costly mistake as it is expensive to replace and takes time. In fact, it currently costs $465 to get a replacement Form I-797. In addition, it can take up to two months to get the replacement form.

I-797 NOA2 for I-129F USCIS Fiance Visa approval submitted for Adjustment of Status

Marriage Certificate

Provide a certified copy of your marriage certificate.

Certificate of marriage requirement for I-485 Adjustment of Status.

I-864, Affidavit of Support

Summary

The petitioner spouse is required to fill out, sign and submit an Affidavit of Support.

As the person completing the Affidavit of Support, you are the sponsor (or, as appropriate, a substitute sponsor or joint sponsor). By signing this form, you agree to financially support the the intending immigrant. In fact, the sponsor’s responsibility usually lasts until the intending immigrant becomes a U.S. citizen, dies, moves abroad, or can be credited with 40 quarters of work.

Typical pay stub.

Minimum Income Requirement

See our previous blog post “Minimum Income Requirement K-1 Fiance(e) Visa and CR-1 Spousal Visa” to determine if you meet the minimum income as a sponsor. Otherwise, if you do not meet the minimum income, you may need a co-sponsor or show assets to meet the income requirements.

For the household number, count yourself, the intending immigrant(s), and any other dependents you have.

Then, use the column for 125% of poverty to obtain the minimum income requirement.

Which Form to Use

See the Department of State’s AOS Guide for a guide on which form(s) to use depending on your situation.

Click here for a guide from DOS on filling out the Affidavit of Support forms.

I-864EZ

Use form I-864EZ only if you specifically meet the minimum income on your own without having to use a co-sponsor. In addition, in order to use I-864EZ, you must only be sponsoring your spouse and not any other dependents like children. Also, in order to use I-864EZ, the income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s or 1099s provided by your employers or former employers. For example, you cannot use I-864EZ if you are using a co-sponsor or assets.

I-864W

Use form I-864W, exemption from Affidavit of Support, only if you meet any of the following conditions:

  • U.S. citizen and you are sponsoring a natural or adopted child, other than a stepchild, who is under 18 years old.
  • Self-petitioning widow(er).
  • Self-petitioning battered spouse or child.
  • Sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA).
  • The applicant you are sponsoring has earned or can be credited with at least 40 eligible quarters under the Social Security Act.
I-864

Use Form I-864 for any of the following situations:

  • You are not able to use I-864EZ or I-864W.
  • There is more than one person that you are petitioning and sponsoring.
  • You are using a co-sponsor to meet the minimum income.
  • The income to prove minimum income is not based entirely on your salary or pension. Also if the income is not shown on one or more Internal Revenue Service (IRS) Form W-2s or 1099s provided by your employers or former employers.
  • You are using assets to prove minimum income.

Above all, the petitioner must always provide either I864EZ, I-864W or I-864. That being the case, even if using a co-sponsor, the petitioner must submit I-864.

Co-Sponsor Requirements

A US passport is one of the Philippine Visa requirements to enter the Philippines.If you use a co-sponsor, your co-sponsor must specifically provide proof of their US citizenship or Legal Permanent Residence.

For this purpose, Proof of US Citizenship can include any one of the following:

  • U.S. birth certificate that meets the following requirements:
    • Issued by the city, county, or state of birth
    • Lists applicant’s full name, date of birth, and place of birth
    • Parent(s)’ full names
    • Signature of the city, county, or state registrar
    • Date filed with registrar’s office (must be within one year of birth)
    • Seal of issuing authority
  • Fully valid, undamaged U.S. passport (can be expired)
  • Consular Report of Birth Abroad or Certification of Birth
  • Certificate of Naturalization
  • Certificate of Citizenship

Proof of Legal Permanent Residence can include any one of the following:

  • Form I-551 “green card;” or
  • Foreign passport containing Form I-94 with I-551 stamp (if you entered the United States by land) or an electronic Form I-94 record (if you entered the United States by air or sea).  You can request an electronic Form I-94 record from USCIS online.

In addition, the co-sponsor must provide an Affidavit of Support form.

If the co-sponsor is in the same household, then the co-sponsor must provide Form I-864A. In addition, all other household members must also provide I-864A.

If the co-sponsor is not in the same household, then the co-sponsor provides Form I-864.

In a like manner to the petitioner, the co-sponsor must provide financial documents to show meeting the minimum income requirement.

Financial Documents

Refer to the Department of State’s webpage on “Obtain Financial Evidence” for more detail.

In summary, the financial documents requirements specifically depend on several factors of the sponsor or co-sponsor including:

  • Job based income with company or other entity
  • Self employment based income
  • Income based on pension or retirement
  • Using assets to meet minimum income

See below for the financial document requirements for each of these conditions. Separate copies are required for any IR-2 or CR-2 children of the beneficiary.

Income based on Job with Company or Other Entity

For those whose income is based on employment with a company or other entity, provide the following:

  • Last tax year’s copy of tax transcript or itemized tax return. Although not a requirement, it may be beneficial to provide the last three years of tax transcripts or itemized tax returns.
  • W2s for the last three tax years.
  • Pay stubs for the last three months.
  • A letter from your employer stating your employment status, when you started working, position, and annual salary. Also, make sure that the letter is on company letterhead and signed by a duly authorized person of the company.

Income Based on Self Employment

For those whose income is based on self employment, provide the following:

  • Last tax year’s copy of tax transcript or itemized tax return. Although not a requirement, it may be beneficial to provide the last three years of tax transcripts or itemized tax returns.

In addition, for those who are self-employed, obtain and submit a photocopy of one of the following:

  • Your business license.
  • A signed letter on business letterhead that was written within in the last three months.
  • A contract between you as an independent contractor and a company.

However, if you are currently self-employed in any of the following ways, you do not need to obtain submit evidence of income:

  • Babysitter, elderly caretaker, construction worker, handy person, housekeeper, landlord, musician, nanny, seamstress, tailor, artist, or writer.

Income Based on Retirement Income

For those who are unemployed or retired, obtain and submit a photocopy of last tax year’s copy of tax transcript or itemized tax return. Although not a requirement, it may be beneficial to provide the last three years of tax transcripts or itemized tax returns.

In addition, for those who are unemployed or retired, obtain and submit a photocopy of ongoing income from other means, such as:

  • retirement benefits (1099s or other documents);
  • other household members’ income; or
  • other significant assets.

Minimum Income based on Using Assets

Assets may be used to supplement income to meet the minimum income requirement. For example, funds in a bank account, equity in a home, equity in an automobile, or other approved assets may be used. However, the first car in a household may not be used.

If you submitted Form I-864 or I-864A and you used assets to meet the minimum income requirement, submit a photocopy of proof you own your or your cosponsor’s assets. Proof can take any form as long as it:

  • lists your name as the owner; and
  • Includes the value of the asset expressed in currency.

Assets of the Petitioner are specifically calculated at 1/3 value. In other word, you need three times the minimum income requirement when using assets of the Petitioner.

Assets of a co-sponsor are specifically calculated at 1/5 value. In other word, you need five times the minimum income requirement when using assets of a co-sponsor.

Criminal Reports

If you have any arrests or law enforcement officer detainations, you have a requirement to submit information and documents concerning. If this is the case, it is a good idea to hire a qualified lawyer when preparing all the documents.

Translations

If any of the documents are not in English, it is a requirement to have them translated into English. Also, submit the original document in the foreign language, plus the English translation.

A formal statement in which a translator shows that they have accurately translated a foreign-language document into English. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator’s certification that they are competent to translate the foreign language into English.

Get a free translation quote in 5 minutes

Assembly

Assemble your K1 Ajustment of Status package by either clipping everything together or using a top two hole punch folder. USCIS prefers receiving the package in a top two hole punch folder.

For the Adjustment of Status application, I like the folder shown below from Amazon as you can keep everything together in one folder. However, you can separate your different forms within the folder including:

  • USCIS Form I-485, Adjustment of Status, required
  • USCIS Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, if needed
  • DS-3025, Vaccination Report, if needed
  • I-765, Application for Employment Authorization, optional
  • I-131, Application for Travel Document, optional

While you are in Amazon, get yourself a two hole puncher. I got one from Amazon for only $3.50 on sale. In addition, see our great selection of two hole punches from our store.

In addition, get some tabs to identify your documents. USCIS likes the tabs placed on the bottom, not the sides. For this purpose, see our great selection of tabs from our store.

Visa Consultant

If this process seems too difficult for you, we recommend that you use a visa/immigration consultant for your K-1 Adjustment of Status Package. For this purpose, we recommend using Rapid Visa.

A picture of us at the Rapid Visa office in Manila after Lea Passed her Spousal Visa Interview.

In addition, I provide Personal Consulting Services on an hourly basis for a small donation of $40/hr to our website. This includes reviewing your self-prepared application, walking through the forms line by line on Facebook video and unlimited Facebook chat support. This is for personal help in your self prepared application. However, I do not do any visa processing.

Personal Support personal consultant

 

Also, we answer individual questions on our LoveVisaLife Facebook Visa Discussion and Suport Group Page for free.

If you are able to do the application on your own using our K1 Adjustment of Status Checklist USCIS Form I-485, please consider donating to our site using the donate feature in the upper right. To this end, this helps us provide valuable content to you and others.

Final Checks

Above all, final checks are very important before you mail the K-1 Adjustment of Status Package. Therefore, go over our K1 Adjustment of Status Checklist USCIS Form I-485.

For example, did you do the following?

  • Did you answer each question on the I-485, I-765 and I-131F?
  • Check through the entire package. Did you not leave anything blank? Put “N/A” on items that do not pertain to you and “None” for numerical values of zero.
  • Did you sign and date the I-485, I-765 and I-131? Please do not forget this. Above all, this is the most common reason for a denial.
  • Has someone other than you prepared the I-485, I-765 or I-131 petition package? For example, you used a lawyer or consultant. Accordingly, make sure that the preparer’s signature page and signature is complete.
  • Did you need to use an interpreter? If so, make sure that the interpreter’s signature page and signature is complete.
  • Double check all of your supporting documents again.
  • Did you include translations for non-English documents, plus the original document in the foreign language and the translators affidavit.
  • Finally, double-check to make sure to include the appropriate fee.

Where To File

For all K-1 , submit the K-1 Adjustment of Status Package to the USCIS Chicago lockbox.

By the way, the address to the USCIS lockbox is different depending on whether using the U.S. Postal Service (USPS) or a delivery service like FedEx, UPS, and DHL.

Therefore, see the addresses below for the delivery method that you choose.

USCIS Chicago Lockbox

In case using U.S. Postal Service (USPS):

USCIS
PO Box 805887
Chicago, IL 60680-4120

In case using FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

What Happens After Filing?

The Adjustment of Status process takes about one year before USCIS issues the green card. However, it may be more or less time depending on where you live.  This is because of the fact that every local USCIS office has  different waiting times.

While the overall processing time often leaves the petitioner feeling completely hopeless of ever receiving their green card, do not give up. Although it seems like forever, the USCIS will eventually get to your petition.

Therefore, in the mean time make sure you apply for EAD in order to work legally. Also, apply for AP for any planned or unplanned travel.

Below are the main items that happen while the I-485 Adjustment of Status is being processed.

Employment Authorization and Advance Parole Processing

The Employment Authorization and  Advance Parole applications are usually issued between 60 to 90 days after filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion.

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary’s I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary’s I-485 being considered “abandoned” and will require a new Visa to enter the US (and refilling of the I-485).

Biometrics

The applicant has a requirement to have their biometrics taken as part of the I-485 Adjustment of Status processing.  In particular, the biometrics appointment includes fingerprinting and photos.

The applicant is sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office. Consequently, this is where their fingerprints and photos are taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Typically, this precedes the interview date by up to 15 months. However, it is usually much closer.

Interview (in person) for Adjustment of Status

Next, the applicant receives a letter from USCIS informing them of the interview date. For this purpose, the letter includes instructions on what to bring to the interview. In addition, it includes any items o complete before hand.

In the past, the interview was not mandatory for everyone. However, the adjustment of status interview is mandatory for all K-1 fiance visa holders. See our blog post, New USCIS Adjustment of Status Interview Policy.

One of the most critical items that USCIS requests is “evidence of the relationship”. In other words, evidence that proves that your marriage is true and faithful. For example, photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any. Also, it is important to bring the current passport of the beneficiary to the interview.

The interview is generally fairly short. For example, it lasts only 15-30 minutes.

If USCIS approves your adjustment of status, they mail your green card a few weeks after the interview date.

Green Card

You recieve a 2 year conditional green card if you have been married less than two years at the time the I-485 is approved. Therefore, you need to apply to Remove Conditions 90 days before it expires in order to recieve a 10 year green card. See our Removal of Conditions Checklist.

You recieve a 10 year green card if you have been married two years or more at the time the I-485 is approved.

Track green card status

Disclaimer

While all attempts are made to present correct information in this post and our K1 Adjustment of Status Checklist USCIS Form I-485, it may not be appropriate for your specific circumstances. Also, information may become outdated.

LoveVisaLife does not provide legal advice and nothing contained herein shall be construed as legal advice. We are only providing examples and educational information. The full contents of LoveVisaLife.com is for informational purposes only. This includes text, comments, graphics, images, videos and other content contained on this site. For this reason, if you need legal advice, you should contact an attorney. Accordingly, we do not  intend for the contents to be a substitute for professional legal advice.