Adjustment of Status from K3/K4
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14.1).. How soon after we arrive in the U.S. should we apply for Adjustment of Status?
14.2)... Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?
14.3)... When we file for adjustment of status, what do we need to do about the child's K4 status? Are we required to file the adjustment for the K4 and pay the fees for each application?
14.4)... How do I file for Adjustment of Status from a K3 and what forms do I need?
14.5)... Will I need to apply for Advance Parole in order to leave and then reenter the United States as a K3/K4?
14.6)... Does the K3 status change after applying for Adjustment of Status?
14.7)... What if my EAD expires before my application for Adjustment of Status from K3 is approved?
14.8)... My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?
14.9)... What is the status of a K3 after approval of Adjustment of Status?
Section 14.0...Adjustment of Status from K3/K4
14.1)...How soon after we arrive in the U.S. should we apply for Adjustment of Status?
A..For most people, this will be "as soon as possible". The BCIS (INS) has made an assumption that nearly all K3/K4 folks will want to apply for AOS, even tho a few will still choose to apply for an immigrant visa at a Consulate outside the United States.
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14.2)...Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?
A..The BCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the BCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.
The BCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The BCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.
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14.3)..When we file for adjustment of status, what do we need to do about the child's K4 status? Are we required to file the adjustment for the K4 and pay the fees for each application?
A..Yes, you are. The AOS packages may be submitted together, but they each must contain their own sets of documentation, including a notarized I-864. If the K4 has never had an I-130 filed on their behalf, this must be done now, submitted along with the AOS package.
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14.4)...How do I file for Adjustment of Status from a K3 and what forms do I need?
A..The process is similar to adjusting status from other types of visas. The best way to obtain the forms is to order them from BCIS (INS) or obtaining them from your local office, but you can also download from the BCIS (INS) website. Here is basically what you will need:
- I-485 Application To Register Permanent Residence or Adjust Status
- I-864 Affidavit of Support
- G-325A Biographic Information
- IRS Form 9003 - (No longer required per INS Memo of Sept 21, 2001)
- WR-702, WR-703 or I-468 - Data Collection for Alien Documentation, Identification & Telecommunications System (ADIT). (If you don't get one of these forms in your package, don't worry about it. These are "office specific" forms which may not be used at your local office)
- A copy of form I-94, Nonimmigrant Arrival Departure Record (this was put in your passport when you arrived)
- A copy of the marriage certificate
- A copy of your birth certificate. (bring an extra when you move, or two or three if you can). You need a translated copy if it is not in English.
- If your I-130 petition has not been approved, send a copy of the I-130 petition. You probably should send a copy of the I-797 Notice of Action showing the I-130 was filed, because that is the proof of filing. If the I-130 has been approved, send a copy of the I-797 showing the I-130 was approved.
- A copy of the I-797 showing approval of the I-129F petition.
- 2 photos - the 3/4 face view - like you have done before.
If you have not applied for work authorization until this point, you can also submit the I-765 Application for Employment Authorization. You will apply as category (c)(9), "adjustment applicant". Please note..fingerprints, photos, and signature cards are no longer required to be submitted with the I-765 application.
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14.5)...Will I need to apply for Advance Parole in order to leave and then reenter the United States?
A..Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency.
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14.6)...Does the K3 status change after applying for Adjustment of Status?
A...The K3/K4 status does not change *because* an AOS application has been filed. The K3/K4 status expires on its own, generally after two years. However, after the K3/K4 status has expired, but prior to gaining approval for permanent residency, the status will be a "period of stay authorized by the Attorney General", based on being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application.
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14.7)...What if my EAD expires before my application for Adjustment of Status is approved?
A..Apply for a new EAD, thru the local office where your AOS was filed. Make sure you apply well in advance, since processing may take several weeks or months.
If you have never applied for Adjustment of Status, then you will be required to show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.
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14.8)...My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?
A..Yes, you can apply for an extension of status with the BCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country.
As with renewal of EADs, your application for extension of status as K3/K4 will not be approved if you have never applied for Adjustment of Status, unless you show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.
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14.9)...What is the status of a K3 after approval of Adjustment of Status?
A..If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0.
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Updated February 22
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