Adjustment of Status for K-1 Fiancé Visas
So, you met your soulmate overseas, and now you’re ready to tie the knot. Immigration law provides a clear path for your fiancé to enter the United States, get married, and become a U.S. Citizen, but it can be tricky. To come to America, your fiancé needs a K-1 Visa, but that’s only the first step.
Eventually, your fiancé will need to apply for an adjustment of status. Adjustment of status is the technical term for getting your Green Card in the U.S. Here’s how it works, and why it’s essential to have a dedicated fiancé visa attorney in your corner.
K-1 Visa Adjustment of Status
Anyone who legally enters the United States with a K-1 Visa and marries U.S. citizen fiance within 90 days of entry, can apply to adjust their status to that of a Lawful Permanent Resident of the United States and obtain their Green Card. There are several stages to adjusting your status, and you must carefully follow the procedures outlined by U.S. Citizenship and Immigration Services (USCIS). These steps must be followed properly to avoid any potential legal trouble. This is why it’s prudent to have an experienced immigration attorney to assist you every step of the way:
- Fill Out the Required Forms for Adjustment of Status
There are several forms that must be filled out for the adjustment of status, foremost of which is Form I-485 (Application to Register Permanent Residence or Adjust Status). Certain additional forms will vary from case to case, so your attorney will work to make sure you have everything you need, based on your particular circumstances.
- Make Sure You Have the Required Documentation
Documents required for adjustment of K-1 status include, at a minimum, a long-form birth certificate, a copy of U.S. entry documents, a copy of the fiancé visa petition approval notice from USCIS, a certified copy of the marriage certificate, passport-style two-color photographs, and payment of the required filing fee.
- Mail Your Adjustment of Status Packet
You must submit your application for adjustment of status by mail (not in person) to a particular USCIS office. After mailing, you will get a receipt notice from USCIS. Several weeks or months later, you will be scheduled for fingerprinting.
Attend Your USCIS Interview
Sometime after you have completed your fingerprinting, you will be summoned for an in-person interview at a USCIS office. While the processing times can vary, the average wait time in Tampa now ranges from 8.5 months to 22.5 months from the date of filing to the date of the interview. The purpose of the interview is to determine that your marriage is bona fide (as opposed to a scam marriage to get a green card). If all goes well at the interview, you will be approved for lawful permanent resident status. Your actual Green Card will arrive some weeks later.
Depending upon how much time has elapsed between the day that you got married and the day that your application to adjust your status was approved, you may receive conditional lawful permanent resident status. If that occurs, then your Green Card will only be valid for two years. Prior to its expiration date, you will need to file to remove the conditions on your status. Once you have held lawful permanent resident status for three years, you may be eligible to apply for U.S. citizenship if you are still married to your spouse.
Your Green Card Attorney in Clearwater, Florida
Julie Beth Jouben, Esq. P.A. is an experienced immigration attorney in Clearwater, Florida. In this part of the state, we see a lot of K-1 Visa cases. can help you. If you and your fiancé have gotten married as planned, it’s time to work on the K-1 adjustment of status so that you can begin to build your lives together in the U.S. It can be a complicated, time-consuming process, so it’s always best to work with a dedicated immigration lawyer like Julie Beth Jouben, P.A. Immigration law often changes and it can be difficult to know if your case is affected by the evolving rules, regulations, and policies. If you have a green card attorney to handle your case, it will not be up to you to understand how these changes relate to you.
At Julie Beth Jouben, P.A., we understand that applying for adjustment of status on K-1 Visas can be challenging. Call Julie Beth Jouben, P.A. at our office and get the answers to all of your legal questions. As immigration attorneys based in Clearwater, Florida, we’ve helped countless couples so they can begin their lives together in the U.S.