Filing for Adjustment of Status from a Fiancee Visa

If you've just arrived on a K-1, fiancé(e) visa, it is important to emphasize that to be eligible for Adjustment of Status, you must marry your Petitioner within 90 days of your arrival to the United States. Only through marriage to your Fiancée Visa Petitioner are you eligible for Adjustment of Status.

Subsequent to marriage with your Fiancée Visa Petitioner, it is time to "adjust status". You must file the I-485, Application for Permanent Residence, promptly after your marriage. The Applicant (you), not the Petitioner (your spouse), file the I-485. The I-485 form itself is rather straight forward, but figuring out what needs to accompany it can be confusing. The uscis.gov gives instructions on how to file for Adjustment of Status, so follow those instructions precisely. As always, prior to filing any immigration application or petition, you should consult with an Immigration Attorney.

The supporting documents that must accompany the I-485, Adjustment of Status Application, for fiancée Applicants are the following:

1. Fee of $1,010.00 (as of 02/12/2009)

2. Copy of Birth Certificate of Applicant

3. G-325A of Applicant

4. 2 Passport Photos of Applicant (2 inches by 2 inches)

5. Copy of K-1 (Fiancée) Approval Notice, Copy of K-1 (Fiancée) visa, Copy of I-94 Departure Record

6. Copy of Marriage Certificate of Petitioner & Applicant

7. I-864, Affidavit of Support with supporting documents

8. Medical Examination & Vaccination Supplement

9. Bonafides

NOTE: If you did not come on a fiancée visa, your Adjustment of Status process will be different. Do not follow these guidelines if you did not arrive on a fiancée visa.Always seek legal advise from an Immigration Attorney when necessary.

Details You Should Know

1. Immigration fees are constantly changing, so check uscis.gov for updated fee information. Applications with incorrect fees will be promptly returned.

7. I-864, Affidavit of Support with supporting documents- The I-864, Affidavit of Support, has its own intricate requirements. You must follow the instructions on uscis.gov before filing this form.

8. Medical Examination & Vaccination Supplement- If you completed a Medical Examination within 1 year of filing this Adjustment of Status (most U.S. Embassies abroad require a completed Medical Examination prior to approving a fiancée visa), you do not need to complete another. When filing the I-485, enclose proof that you did complete the Medical Examination within 1 year (ex. receipts, reports, etc). In that case, you only need to complete the Vaccination Supplement, I-693A with a Civil Surgeon. If you already completed the Vaccination Supplement within 1 year of filing the I-485 (some U.S. Embassies require vaccinations prior to approving a fiancée visa), you only need to enclose proof of that (ex. vaccination report).

9. Bonafides- To assist Immigration Officers in approving your Adjustment of Status Application with relative ease, you should enclose with your Adjustment of Status Application proof of having a bonafide, or true, relationship with your Petitioner (now Spouse). This proof can come in a variety of ways, so be creative. Here are several examples: wedding photos, affidavits written on your behalf or written by you, copies of joint lease agreements, copies of joint bank statements, copies of joint car/life/health insurance statements, proof that you live at the same address, copies of emails sent to each other, etc.

Always check uscis.gov before filing any immigration applications or petitions, as the forms and requirements are constantly changing. You can download forms and instructions at uccis.gov, immigration forms. Depending where you live, you will need to submit the I-485 to different filing addresses.

Most I-485 Applicants are eligible to file for work authorization and/or advanced parole, if so desired. If you would like to know if you are eligible, seek immigration advice through an Immigration Attorney.

DISCLAIMER: The information provided herein should not be considered legal advice for any individual case or situation. No relationship is created by the usage of any of this information. I recommend you to consult an Immigration Attorney if you require legal advice.