1. How long will it take to process my Adjustment of Status application from a K Visa?

It typically takes 3-6 months to process an Adjustment of Status application from a K Visa. However, processing time can vary based on factors such as the volume of applications being processed and the complexity of the individual’s case.

2. What documents will I need to submit for my Adjustment of Status from a K Visa?

In order to apply for an Adjustment of Status from a K visa, you will need to submit the following documents:

1. Form I-485, Application to Register Permanent Residence or to Adjust Status.
2. Two passport-style photos meeting the requirements set by the U.S. Citizenship and Immigration Services (USCIS).
3. Form I-864, Affidavit of Support.
4. A copy of your birth certificate and any other identity documents such as a driver’s license or passport.
5. Proof of your relationship with the U.S. citizen petitioner, such as marriage or other civil union certificate, photographs, and other documents showing you and your petitioning spouse have a bona fide relationship.
6. Proof of termination of any prior marriages, if applicable.
7. Evidence of financial support, such as tax returns, pay stubs, bank statements, etc., which proves that you will not become a public charge in the U.S.
8. Medical examination results from a USCIS-approved doctor.
9. A copy of your passport biographic page, visa page, and I-94 Arrival/Departure Record (if you have one).

3. When do I need to submit my Adjustment of Status application from a K Visa?

You must submit your Adjustment of Status application from a K Visa within 90 days of your entry into the United States.

4. What fees are associated with processing my Adjustment of Status from a K Visa?

There are two fees associated with processing an Adjustment of Status from a K Visa. The first is the filing fee for Form I-485, which is $1,140 as of December 2020. The second is the biometric services fee, which is $85 as of December 2020.

5. What is the difference between adjustment of status and consular processing?

Adjustment of status is the process of changing a foreign national’s immigration status from non-immigrant to immigrant from within the United States. This can be done by filing an I-485 form with U.S. Citizenship and Immigration Services (USCIS). Consular processing is the process of obtaining a green card through a U.S. consulate abroad. This requires that the individual apply for an immigrant visa at a U.S. embassy or consulate in their home country.

6. How do I know if my Adjustment of Status application from a K Visa has been approved or denied?

Once your Adjustment of Status application is submitted, you can expect to receive a written notice from USCIS with the decision on your application. It is important to note that the processing time for Adjustment of Status applications can vary depending on the individual’s case and the current processing times at USCIS. You can check the current processing times for Adjustment of Status applications through the USCIS website.

7. What are the requirements for travel outside the United States while my Adjustment of Status application from a K Visa is being processed?

The U.S. Department of State requires individuals in the United States on a K visa to have either an Advance Parole Document or a valid K-1 visa in order to travel outside the United States and return. If you are traveling outside of the United States while your Adjustment of Status (AOS) application from a K-1 visa is being processed, you must obtain an Advance Parole Document before leaving the country. The Advance Parole Document does not guarantee admission back into the United States; you may still be subjected to inspection by an Immigration Officer at the port of entry. Additionally, it is important to note that travel on Advance Parole may impact eligibility for an immigrant visa or adjustment of status.

8. What is the medical exam requirement for Adjustment of Status from a K Visa?

The medical exam requirement for Adjustment of Status from a K visa is a physical exam, conducted by a doctor approved by USCIS. The exam must include a chest x-ray and blood tests for syphilis and tuberculosis. The applicant must also provide proof of vaccinations.

9. Can I work while my Adjustment of Status application from a K Visa is pending?

Yes, after you submit the Adjustment of Status application, you can apply for an Employment Authorization Document (EAD). This document will allow you to work legally in the US during the processing of your Adjustment of Status application.

10. Do I need to attend an interview when applying for Adjustment of Status from a K Visa?

Yes. If you are applying for Adjustment of Status from a K visa, you will need to attend an interview with a USCIS official. The interview is a chance for the USCIS official to assess your relationship and confirm that you meet all the requirements for Adjustment of Status.

11. How does the I-130 approval process affect my Adjustment of Status application from a K Visa?

If you are applying for Adjustment of Status from a K visa, your I-130 approval will be required for the process. This is because when you first obtained a K visa, you were only approved for a temporary stay in the U.S. In order to become a permanent resident, your I-130 application must be approved. Once it is approved, you can then submit your Adjustment of Status application to the USCIS.

12. Can I adjust my status to become a permanent resident while in removal proceedings?

No, you cannot adjust your status to become a permanent resident while in removal proceedings. However, you may be eligible to apply for certain forms of relief from removal, such as asylum, withholding of removal, and cancellation of removal, which can allow you to remain in the U.S. and even obtain a green card. You should speak with an immigration attorney for more information about your particular case.

13. What are the filing requirements for an Application to Register Permanent Residence or Adjust Status (Form I-485)?

In order to file an Application to Register Permanent Residence or Adjust Status (Form I-485), the following documents must be submitted along with the application:

• Valid passport
• Two passport-style photos
• Birth certificate
• Proof of legal entry into the United States
• Form I-94, Arrival/Departure Record
• Nonimmigrant visa, if applicable
• Financial documentation showing the applicant has sufficient funds to support themselves
• Employment authorization document, if applicable
• Medical examination results from a USCIS-approved doctor
• Documentation of any name changes, such as marriage certificates
• Other supporting documents, as required by the form instructions

14. What are the eligibility requirements for adjusting status from a K-visa?

The eligibility requirements for adjusting status from a K-visa are as follows:

1. You must be physically present in the United States.
2. You must have entered the United States on a valid K-visa.
3. You must have a valid marriage to a U.S. citizen or permanent resident at the time of filing your application and while it is being processed.
4. You must be in the United States legally and continuously since your arrival on the K-visa.
5. You must have a valid passport and all other necessary documents required by USCIS for adjustment of status, including Form I-485, Application to Register Permanent Residence or Adjust Status.
6. You must be admissible to the United States as an immigrant under U.S. immigration laws, which means that you do not have any criminal or security issues that would prevent you from adjusting status.

15. How does the two-year foreign residence requirement affect an adjustment of status application from a K-visa?

The two-year foreign residence requirement affects an adjustment of status application from a K-visa by requiring that the applicant have resided in the foreign country of last residence for at least two years before applying for adjustment of status. This requirement is in place to prevent visa fraud and ensure that those applying for adjustment of status are legally entitled to live and work in the United States.

16. When do I need to submit evidence of admissibility during an adjustment of status application filed on the basis of a K-visa?

You will need to submit evidence of admissibility during the adjustment of status application filed on the basis of a K-visa at the time of filing the I-485 form. USCIS may also request additional evidence during the application process. It is important to provide all necessary documents and evidence to avoid any delays in the processing of your application.

17. If my adjustment of status application from a K-visa is denied, can I appeal the decision?

Yes, you can appeal the decision. The process involves filing a Notice of Appeal to the Administrative Appeals Office (AAO) located in Washington, D.C. You must follow all instructions provided by the AAO to properly submit your appeal.

18. What is the process for requesting waivers for inadmissibility during an adjustment of status application filed on the basis of a K-visa?

The process for requesting waivers for inadmissibility during an adjustment of status application filed on the basis of a K-visa is as follows:

1. File Form I-601, Application for Waiver of Grounds of Inadmissibility, with the appropriate U.S. Citizenship and Immigration Services (USCIS) office.

2. Include a copy of the Form I-601 with your adjustment of status application.

3. Support your request for a waiver with documentary evidence demonstrating that the waiver is warranted based on extreme hardship to your U.S. citizen or Lawful Permanent Resident (LPR) spouse or parent.

4. Once the Form I-601 has been approved, you may proceed with filing your adjustment of status application.

19. If I am denied adjustment of status based on my K-visa and subsequently leave the United States, will it negatively affect my request for reentry into the U.S.?

Yes. If you are denied adjustment of status based on your K-visa and subsequently leave the United States, it could negatively affect your request for reentry into the U.S. Generally speaking, any kind of legal action in the United States can affect your ability to receive a visa or other forms of entry, including reentry into the U.S. Therefore, it is important to consult with an immigration attorney before leaving the United States to make sure that you are not jeopardizing your future immigration options.

20. Are there any other filing requirements for an adjustment of status application filed on the basis of a K-visa that must be met in order to complete processing?

Yes, there are several filing requirements that must be met for an adjustment of status application on the basis of a K-visa. The applicant must provide evidence of a valid marriage to the U.S. citizen petitioner, evidence of the petitioner’s U.S. citizenship or lawful permanent resident status, the petitioner’s I-134 Affidavit of Support, evidence of the beneficiary’s nonimmigrant status, and other documents as required by USCIS. Additionally, the applicant must undergo a medical examination and provide biometric information as part of the process.