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• Love and Marriage and Migrating to the U.S.
• Required Documents for Visa Applications
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After Marriage - Adjustment of Status

 

CALL US TOLL FREE FOR FURTHER INFORMATION OR
QUESTIONS AT 1-877-226-6751

6.1)... How soon after we get married should we apply for Adjustment of Status?
6.1.1)... When we file for adjustment of status, what do we need to do about the child's K2 status? Are we required to file the adjustment for him too and pay the fees for each application?
6.2)... What forms and other items are required for Adjustment of Status?
6.2.1)... Will I need to take another medical exam since the K1 medical report is only good for one year??
6.2.2)... How can we file for Adjustment of Status "immediately" if we have to wait several weeks or more to get a certified copy of the marriage certificate?
6.3)... Where do we send the Adjustment of Status application package?
6.4)... I thought we were also supposed to submit fingerprints as well?
6.5)... Why is the FBI looking at my fingerprints?
6.6)... Why is the I-864 Affidavit of Support now used for the Adjustment of Status application when we used the I-134 Affidavit for the Fiance(e) petition?
6.7)... Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?
6.7.1)... Well, my wife received her advance parole documents today. I had thought maybe we would receive some instruction on how to use them properly from BCIS (INS), but no such luck. She got three sheets; one original with picture attached, one copy with picture attached and one copy with no picture attached.
6.8)... We never received the 90 day work authorization, and we could not take the I-765 to a local office. When do we finally get the EAD?
6.9)... What should we do during the time we are waiting for the Adjustment of Status interview?
6.9.1)... What should we do if we move before the interview happens?
6.9.2)... How will we know when the interview is scheduled? What *evidence* do we need to take?
6.9.3)... What kind of questions will they ask in the interview?
6.9.4)... When do I get the green card?
6.9.5).. Can I travel abroad after becoming a permanent resident?
6.9.6).. Can I go get a "normal" Social Security card after AOS?
6.10)... What happens if we do not get married within the 90 day validity of the K1 visa?
6.11)... Finally I received the green card. Unfortunately my first name is misspelled!

 

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Section 6.0....AFTER MARRIAGE - ADJUSTMENT OF STATUS

 

6.1)...How soon after we get married should we apply for Adjustment of Status?
A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K1 visa expires.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires.

On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, experience has shown this is not a major issue with local BCIS (INS) offices.

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6.1.1)....When we file for adjustment of status, what do we need to do about the child's K2 status? Are we required to file the adjustment for him too and pay the fees for each application?

A..You will file an application for Adjustment of Status for the child as well. Prepare the application the same way (as a separate pile of paper), but mail them together. Also send a separate I-765 application for work authorization if the child is old enough to seek employment. You will pay fees for each application.

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6.2)...What forms and other items are required for Adjustment of Status?

• I-485 Application To Register Permanent Residence or Adjust Status
• I-765 Application for Employment Authorization. You will apply as category (c)(9), "adjustment applicant".
• I-864 Affidavit of Support
• G-325A Biographic Information
• 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)
• I-131 Application For Travel Document (for traveling outside the US during the application period, known as "advance parole")
• 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.
• A copy of the fiance(e) petition approval notice (I-797 Notice of Action)
• 2 photos - like you have done before, but more may required, depending on the requirements of the local office.

As with the fiance(e) visa package, the "best" way to get these forms is via the BCIS (INS) toll free number (given in the references section) or by ordering on-line via the BCIS (INS) site on the internet. Request the "I-485 package" or the "adjustment of status package".
Because policies and procedures at BCIS (INS) vary from office to office, it is worth the effort to contact your local office by phone, mail, or in person to inform yourself of specific filing requirements prior to filing. Ask questions such as:

 

• Are personal checks accepted?
• Are separate checks or money orders required for each application (AP, EAD, I-485)
• Can you file for Advance Parole at the same time, or must you wait until the I-485 is accepted?
• Will fingerprinting be required for the AOS application?
• Can you file in person? If so, what days and times are these accepted?

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6.2.1)....Will I need to take another medical exam since the medical report is only good for one year??

A...In most cases, no. The results of your K1/K2 medical were in the "sealed envelope" that you brought with you from your home country. The I-485 intructions mention that no additional medical is required if filing for AOS within a year of the medical required to obtain the K1/K2.
Note: The current I-485 instructions require a "vaccination supplement". You will need to make an appointment with an BCIS (INS) approved physician in your area to obtain this paperwork and/or additional vaccinations. In any case, your local BCIS (INS) office will inform you of specific requirements at some point in your Adjustment process.

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6.2.2)...How can we file for Adjustment of Status "immediately" if we have to wait several weeks or more to get a certified copy of the marriage certificate?

A..Make sure to ask the priest/rabbi/judge who marries you to let *you* take the marriage certificate to the recorder's office yourself . Then, you can get certified copies right then and there while you wait. Otherwise the priest/rabbi/judge *mails* it to the recorder's office, where it sits for weeks without being opened and recorded, which is why it can take up to two months to get a certified copy of the marriage certificate.

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6.3)...Where do we send the Adjustment of Status application package?

A..This depends on where you are. In a few locations, you may still be able to take these applications to a local office in person, and maybe even be processed for the EAD while you are there. However, you probably will have to submit by mail, to a local or district BCIS (INS) office. Send it "return receipt". Many district and local offices will not send you any kind of "official" receipt notification. It is much more common to get a form letter and a "cash register" receipt for the fees you have paid, and this could be up to 10 weeks after you send in the package. DON'T LOSE THESE RECEIPTS. In fact, the cash register receipt may well have your name printed on it. It is your proof that your I-485 has been filed.

It is worth the effort to try and file these forms in person, even if your local BCIS (INS) office has a mail-only policy. It can make a great difference in processing times for EAD and advance parole documents. And as mentioned previously, it is worthwhile to contact your local BCIS (INS) office prior to filing in order to learn about specific requirements.
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6.4)...I thought we were also supposed to submit fingerprints as well?

A..Fingerprints now called Biometrics are required for every K1/K2. The BCIS (INS) will notify you when and where to go for the fingerprinting procedure. The "old system" suffered from poor quality control, and many fingerprint sets were being rejected by the FBI on the basis of technical errors. There is a fingerprinting fee which must be submitted with the I-485 application. You may wait months for the notification.

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6.5)...Why is the FBI looking at my fingerprints?

A..Standard procedure. The US doesn't want people with seriously undesirable backgrounds to become Permanent Residents.

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6.6)...Why is the I-864 Affidavit of Support now used for the Adjustment of Status application when we used the I-134 Affidavit for the Fiance(e) petition?
A..This legally enforceable affidavit is a result of immigration reform legislation. Now that the foreign national spouse has indicated an intention to remain here permanently, the US wants to make sure the new immigrant does not become a burden on society. The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work, dies or permanently departs the country. Whoever signs the affidavit must also inform the BCIS (INS) when they move, using form I-865, Sponsors Change of Address, after the immigrant gets approval of Adjustment of Status.

If you do not meet the guidelines for income level (125% of poverty level...see the Poverty Level link in the references section) you will need a joint sponsor who does meet the guidelines. The US Citizen spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract Between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States, territories or possessions, and must be a Citizen or Permanent Resident.
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6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the BCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local BCIS (INS) office to find out how long it takes them to issue Advance Parole. Advance parole is supposed to be issued to anyone who wants it for any reason at all, some local BCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies thru US Consulates will be time-consuming as well.

Not all local BCIS (INS) offices will accept the I-131 advance parole application with an adjustment of status package, as some will require that you have proof of filing the I-485 when you send in the I-131. Also, a local BCIS (INS) office may require that you apply for advance parole "in person". Ask your local BCIS (INS) regarding specific advance parole filing requirements and supporting documents

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6.7.1)...Well, my wife received her advance parole documents today. I had thought maybe we would receive some instruction on how to use them properly from BCIS (INS), but no such luck. She got three sheets; one original with picture attached, one copy with picture attached and one copy with no picture attached.

A...When your spouse leaves the USA, she should have all three copies (of the advance parole document) and her passport. The first time your spouse re-enters the USA, the POE will forward one of the copies of your letter to the office or service center you applied for AP from. You should receive the copies labelled TO TRANSPORTATION LINE and TO ALIEN back. If you enter the U.S. on some carriers, it's possible that the "transportation line" copy may be lifted from you.

The BCIS (INS) at the POE should also place a stamp in her passport like this:

        PAROLED until:
        Purpose:

        Port:         Date:     Officer:

The port is the POE, the Date and Officer are obvious. The "paroled until" should indicate the expiry of your AP document (the letter). The "Purpose" may be one of either "Adjustment of Status" or "Humanitarian"...there seems to be some confusion about which one is "correct" but both seem to work.

They may also place an identical stamp on your I-94 (which is normally stapled to your passport).

Once you've been through the initial entry and assuming your AP document permits "multiple entries", you need only show the passport stamp and letter each time you re-enter the U.S..
(FAQ Note: The advance parole documents are issued on Form I-512, a U.S. Department of Justice, Immigration and Naturalization Service form. Not all advance parole documents are prepared exactly the same.

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6.8)...We never received the 90 day work authorization, and we could not take the I-765 to a local office. When do we finally get the EAD?

A..Most EAD applications are processed between 30 and 90 days after the BCIS (INS) gets the application. You will get an official "appear for an interview" letter from the BCIS (INS). Bring that letter and show up on time and you will get the EAD. It isn't really an interview, but you must go in person. They will take your photo and a fingerprint, and give you the EAD, which is a small laminated card. The EAD is good for a year. If it looks like you are going to have to wait more than a year for the Adjustment of Status interview, then apply for a new EAD "well in advance" (say, 3 months) of the expiration date. You cannot legally work without it.
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6.9)...What should we do during the time we are waiting for the Adjustment of Status interview?

A..Begin building your new life in the United States. Your EAD, Social Security number and passport (until you get a drivers license for identification) give you the means to get nearly anything you want, except a cup of coffee and the right to vote. Get to really know your new wife or husband. Get a job. Set up a joint checking account. Go exploring. Get a library card. Meet the relatives. Make new friends. Start up a new business. Try to shake off old ways of thinking about "how things are done", because things are going to be different.

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6.9.1)...What should we do if we move before the interview happens?

A..First, the foreign spouse should notify the BCIS (INS) office (where the case is being handled) of the address change, using form AR-11 or by sending them a certified letter with the information, including your "A" number.

Second, the US spouse (who is the sponsor for the I-864 affidavit) notifies BCIS (INS) of a "sponsors change of address" using form I-865 (or a certified letter) sent to the Service Center in which district you will be residing. (FAQ Note: The I-865 address change is not actually required prior to the Adjustment of Status being approved, as the I-864 is not enforceable until then.)

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6.9.2)...How will we know when the interview is scheduled? What *evidence* do we need to take?

• Beneficiaries passport and I-94
• current personal ID for both parties
• copies of the birth certificates of any children born to us. ( I hope they mean as a result of this union )
• copies of federal,and state income tax returns for each year, or portion thereof, during which petitioner and beneficiary have been married.
• copies of lease or mortgage contracts showing joint occupancy.
• evidence of any joint bank accounts, charge accounts etc.
• copies of any life insurance and/or health insurance policies of petitioner and beneficiary
• copies of wills and/or power of attorneys
• Statements from petitioners and/or beneficiaries employer(s) preferable on company stationary, Indicating the marital status claimed, dependants claimed and whom to notify in case of emergency.
• 1sworn statements from at least two persons, attesting to the length of time petitioner and beneficiary have been residing together in Marital Union.
• Any other evidence which would tend to establish the existance of a bona fide marital relationship.

 

The list you get from your local BCIS (INS) office prior to the interview will vary from the one given here, but it gives you an idea what to expect.

Comment about Interview Notices: You may be scheduled for an interview date on the day you file, if you file in person. This date may be well into the future. Don't lose track of the date, as you probably will not receive a follow up notice.
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6.9.3)...What kind of questions will they ask in the interview?

A..Our AoS interview was very chatty and astoundingly mundane (where do you both work; how did you meet; did you marry within 90 days of K-1 entry). Married couples will have no difficulty with the interview.

A..All we had to do was show a few documents - bills, tax returns, apartment lease, that showed we were living together as a married couple.

A..For the Adjustment of Status (I-485) Interview, you must prove that you are a viable married couple that is living together as husband and wife at a common address. Letters from friends who know this are useful.

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6.9.4)...When do I get the green card?

A..After the interview, your passport will be stamped with the I-551 Alien Registration Receipt stamp. (Congratulations. You are now a Conditional Permanent Resident). You will also have a fingerprint taken for the green card. The photos you submitted with the I-485 will be used for your green card picture. The actual laminated card will follow in the mail, and may take a few months.

However, if you have been married more than two years when you have your Adjustment interview, you may well become a permanent resident with no conditions. As of early 2000, this was beginning to happen in some cases, due to the long wait at local offices.

As a Conditional Permanent Resident, you do not need advance parole to reenter the US after traveling abroad. The I-551 stamp is also proof of authorization to work.

By law, you need to carry your passport with the I-551 stamp with you at all times as proof of your status. When your greencard arrives, you can put away the passport, but you need to carry your green card in your purse or wallet.

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6.9.5)..Can I travel abroad after becoming a permanent resident?

A..Sure, but if you need to be out of the United States for over 12 months, you must file form I-131 and obtain a "re-entry permit". As a *brand new* permanent resident, you should consider getting a re-entry permit if you expect to be out of the United States for 6 months or longer.
This complicated question does not have a perfect answer. Extended absence from the United States does not count towards the time required to become a naturalized citizen. The United States expects those who have been granted permanent resident status to actually be "residents".

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6.9.6)..Can I go get a "normal" Social Security card after AOS?

A..If you have a Social Security Card with "valid only with BCIS (INS) authorization" on it, then go to the Social Security office after AOS with your passport or green card and get a new Social Security card that does not have the restriction. You will still have the same Social Security Number. Do this as soon as practical. It is in your best interest to inform the Social Security Administration of your immigration status after Adjustment of Status.
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6.10)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local BCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

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6.11)..Card. Unfortunately my first name is misspelled!

A..File a Form I-90. Note that the error was the BCIS (INS)'s problem. You should be able to file this in person at your local/district BCIS (INS) office.

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Updated February 22, 2006

Quick Links to each chapter:

 

• Introduction / References and Links
  
• The K1/K2 Process General Outline
  
• The I-129F Petition completed by the US Citizen
  
• The K1 Application Process completed by the Fiance(e)
  
• Entering the United States
  
• After Marriage - Adjustment of Status
  
• Lifting of Conditional Status
  
• Naturalization
  
• The K3/K4 Process General Outline
  
• The I-130 Petition (for K3/K4)
  
• The I-129F Petition (for K3/K4)
  
• The K3/K4 Application (at the Consulate)
  
• Entering the United States with the K3/K4 Visa
  
• Adjustment of Status from K3/K4
  
• Related Issues

Appendix...(Definitions of terms, form numbers, abbreviations)

Additional assistance is available at www.visaking.com or www.olvis.com.

 

CALL US TOLL FREE FOR FURTHER INFORMATION OR QUESTIONS AT 1-877-226-6751

 

 

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