1. How long does the process of adjustment of status for a K-1 visa holder take?

The process of adjustment of status for a K-1 visa holder can take anywhere from six months to a year or more, depending on a variety of factors such as the current processing speeds at the USCIS, the country of origin of the K-1 holder, and the complexity of the case.

2. What documents are required to file for K-1 visa adjustment of status?

The U.S. Citizenship and Immigration Services (USCIS) requires the following documents to file for K-1 visa adjustment of status:

1. Form I-485, Application to Register Permanent Residence or Adjust Status.
2. Form I-134, Affidavit of Support.
3. Form I-864, Affidavit of Support Under Section 213A of the INA.
4. Copy of the K-1 visa holder’s passport bio page.
5. Copy of the Form I-94, Arrival/Departure Record.
6. Copy of the medical examination results (Form I-693, Report of Medical Examination and Vaccination Record).
7. Evidence of valid marriage between the K-1 visa holder and U.S. citizen petitioner (e.g., marriage certificate).
8. Proof of termination of any prior marriages of both the K-1 visa holder and U.S. citizen petitioner (e.g., death or divorce certificate).
9. Evidence of legal name change, if applicable (e.g., adoption decree or marriage certificate).
10. Two passport-style photos for each applicant taken within 30 days of filing the application.
11. Filing fee of $1,225 each or a fee waiver request, if applicable (Form I-912).

3. Is an interview required for a K-1 visa adjustment of status?

Yes, an interview is usually required for a K-1 visa adjustment of status. The U.S. Citizenship and Immigration Services (USCIS) may require an interview as part of the adjustment of status process. The purpose of the interview is to verify the applicant’s identity and ensure that all information provided on the application is accurate.

4. Is it necessary to have a medical examination in the process of adjustment of status for K-1 visa holders?

Yes, it is necessary to have a medical examination in the process of adjustment of status for K-1 visa holders. The medical examination is done to determine if the applicant is eligible for a green card based on his or her health. The medical examination must be done by a USCIS-approved civil surgeon, and includes a blood test, physical exam, and vaccination record.

5. Is there an English language proficiency requirement for adjustment of status for K-1 visa holders?

Yes, English language proficiency must be demonstrated in order to adjust status for K-1 visa holders. The applicant must demonstrate that they are able to read, write, speak, and understand English at a basic level.

6. What is the fee associated with filing for K-1 visa adjustment of status?

The filing fee for a K-1 visa adjustment of status is $1,225.

7. Does the process of adjustment of status for K-1 visa holders involve a background check?

Yes, the process of adjustment of status for K-1 visa holders includes a background check. The background check includes verification of the applicant’s identity, criminal history, immigration history, and other relevant information.

8. Is there a minimum amount of time that must be spent in the U.S. in order to adjust status on a K-1 visa?

Yes, petitioners on a K-1 visa must remain in the U.S. for at least 90 days before they can adjust status.

9. When can I adjust status on my K-1 visa after entering the U.S.?

You can adjust status on your K-1 visa as soon as you enter the United States. It is important to note that you must marry your petitioner within 90 days of entering the United States in order to adjust status.

10. Can I work while I am adjusting status on my K-1 visa?

Yes, after your K-1 visa has been approved, you can apply for an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) to be able to work in the United States.

11. What is the Permanent Residency Card (Green Card) and how do I get one after adjusting status on my K-1 visa?

The Permanent Residency Card (also known as the Green Card) is an identification card from the US Government that allows a foreign national to live and work in the US permanently. It is issued by the United States Citizenship and Immigration Services (USCIS).

In order to get a permanent residence card (Green Card) after adjusting status on a K-1 visa, you must submit an Application to Register Permanent Residence or Adjust Status (Form I-485). This form must be submitted along with all required supporting documents and evidence of your eligibility to become a permanent resident of the US. Upon approval, you will receive your Green Card in the mail.

12. How long after adjusting status on my K-1 visa can I become a U.S. citizen?

In most cases, you can become a U.S. citizen within five years of adjusting status on a K-1 visa. However, the exact time frame depends on your individual situation.

13. What is the difference between conditional and permanent resident status when adjusting status on a K-1 visa?

The main difference between conditional and permanent resident status when adjusting status on a K-1 visa is the length of time each status is valid for. Conditional resident status is valid for two years following the granting of the adjustment of status, while permanent resident status is valid indefinitely. Additionally, conditional residents must file Form I-751, Petition to Remove Conditions on Residence, during the 90 days prior to the expiration of their two-year conditional resident status in order to maintain permanent resident status. In contrast, permanent residents are not required to take any additional steps beyond the initial adjustment of status process to maintain their status.

14. Do I need to file additional forms if I have dependents who are adjusting status with me on my K-1 visa?

Yes, you will need to file additional forms if you have dependents who are adjusting status with you on your K-1 visa. Specifically, Form I-485 for each dependent and Form I-864 for each dependent who is over the age of 18. You will also need to provide evidence of your relationship with each dependent in the form of birth certificates, marriage certificates, or other documents.

15. Are there any special considerations if my fiancé(e) is not a U.S. citizen or permanent resident when adjusting status on a K-1 visa?

The primary special consideration for a non-U.S. citizen or permanent resident adjusting status on a K-1 visa is that the K-1 visa holder may be subject to the rules of the three and ten year bans. This means that they are barred from entering the United States for three or ten years after the expiration of their K-1 visa, depending on the circumstances. Additionally, the non-citizen must obtain a work permit (Employment Authorization Document (EAD)) in order to legally work in the United States. There may also be additional processing times associated with applications from non-citizens due to security or background checks that must be conducted.

16. How long do I have to stay in the United States if I adjust status with a K-1 visa?

If you adjust status with a K-1 visa, you must remain in the U.S. for at least 2 years or until you are granted lawful permanent resident status, whichever comes first.

17. What happens if my application for adjustment of status is denied after filing with a K-1 visa?

If your application for adjustment of status is denied after filing with a K-1 visa, you will have to leave the United States. You may be eligible for a waiver of this requirement if you can prove that your removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.

18. Are there any travel restrictions during the process of adjustment of status with a K-1 visa?

Yes. Once the adjustment of status process is underway, the K-1 visa holder is not eligible to travel outside of the United States, except with prior approval from U.S. Citizenship and Immigration Services (USCIS).

19. What are the implications of marriage fraud when adjusting status with a K-1 visa?

Marriage fraud is taken very seriously by US Citizenship and Immigration Services (USCIS). If USCIS determines that a person has committed marriage fraud, the individual may face criminal penalties, including up to five years in prison and/or a fine of up to $250,000. In addition, an individual who commits marriage fraud will be barred from obtaining any immigration benefit for at least five years. This means that if someone is adjusting their status through a K-1 visa, but USCIS finds out that the marriage is fraudulent, the individual will not be able to obtain a green card or any other immigration benefit for at least five years.

20. Can I extend my stay in the U.S. while I am adjusting status on my K-1 visa?

Yes, you can extend your stay as long as you file Form I-539 to extend your stay before your original stay expires.