How Do I File Adjustment Of Status For K1 Visa?

by | Last updated on January 24, 2024

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  1. Form I-485, Application to Adjust Status. ...
  2. Form I-864, Affidavit of Support. ...
  3. Form I-693, Report of Medical Examination and Vaccination Record. ...
  4. Form I-131, Application for Travel Document (optional)

How long does adjustment of status Take for K1 visa?

How long will the one-step adjustment application take to process? If you filed everything correctly and USCIS does not send you a Request for Evidence (RFE), processing time for an adjustment of status from a K1 visa is usually 4-6 months .

What is needed for K1 adjustment of status?

K1 Visa Adjustment of Status Eligibility

Legally entered the US on a K1 visa . Married a U.S. citizen within 90 days of entering the country . Have a valid, unexpired K1 visa .

Can I file adjustment of status myself?

Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases .

Can I file Form I-485 online?

You can file Form I-485 either online or by mail. To submit your form online, you should create a MyUSCIS account on the U.S. Citizenship and Immigration Service (USCIS) website. You can then receive all updates on your application through your alien registration number (a-number).

Can I stay in the US while waiting for adjustment of status?

When you use AOS, you’ll be able to stay in the United States while your application is processed , even if your visa expires before your green card is approved. The alternative to AOS is consular processing, which is when you apply for a green card from outside the United States.

Can I work while waiting for adjustment of status?

Can I Work During the Adjustment of Status Process? Yes , you can work in the United States while your adjustment of status application is pending if you have a valid Employment Authorization Document (EAD). You can’t work in the United States without an EAD.

How much does K1 adjustment of status Cost?

If you do not get married within the 90 days, you are required to leave the country and cannot file for an adjustment of status or any other non-immigrant category. The form covers the following topics. The filing fee is $1,140 .

What happens if you don’t file adjustment of status?

If you don’t file your AOS before the medical expires you will need to have another medical exam . If you arrived on a K-1 visa you will not be able to get back into the U.S. should you leave the country for some reason until you have either your green card or the Advance Parole document.

How much income do I need to sponsor a K1 visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...

How much does it cost to adjust status?

If You Are... Form Fee Total Under 14 and not filing with the I-485 application of at least one parent $1,140 $1,140 Age 14–78 $1,140 $1,225 Age 79 or older $1,140 $1,140 Filing Form I-485 based on having been admitted to the United States as a refugee $0 $0

How long does Adjustment of Status Take 2021?

The processing time for an Adjustment of Status application can take anywhere from 8-14 months if you are married to a U.S. citizen or 29-38 months if you are married to a permanent resident (Green Card holder).

What do I need for adjustment of status?

  1. Form I-485.
  2. Two passport-style photos.
  3. I-94 travel document.
  4. I-797 approval receipt of your nonimmigrant visa.
  5. A copy of your Employment Authorization Document, if you have one.
  6. A copy of your Form I-693 medical examination results, if necessary.

Can I file I 485 myself?

i-485 is a personal application and many employers do charge you to file it too. In that sense, you can file i-485 yourself with your own personal attorney . But you will still need a valid offer of employment from a US employer and preferably a 485J supplement to avoid any denials.

How long does it take for adjustment of status to be approved?

The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.

Can I apply for adjust of status if I overstayed my visa?

Generally, you must be in the United States legally in order to adjust your status. ... You can adjust your status even if you overstayed your visa – as long as you originally entered the U.S. with a valid visa or visa waiver.

Which is faster consular processing or adjustment of status?

The Consular Processing process is quicker than the Adjustment Of Status process, with an average processing time of 6 to 12 months. Processing concurrently with family members who are currently living abroad.

Can I file I 130 and I-485 together?

Beneficiaries of an immediate relative petition filed by a U.S. citizen are always able for the concurrent filing of the Form I-130 with the Form I-485.

What is pending adjustment of status?

Status During Pending Employment-Based Adjustment of Status (I-485) Application. Adjustment of status is a term that specifically refers to a process whereby an alien changes his/her non-immigrant status to immigrant (permanent) status while continuing to reside in the United States .

Can I leave the US while waiting for green card?

You can’t leave the country until you have your approved travel document in hand, so you should expect to spend the 3–5 months after submitting your green card application in the United States. Theoretically, you could be out of the United States for as long as you have a travel document (one year plus renewals).

What is the income requirement for K1 visa 2021?

If the sponsor’s household size is only them and their future spouse, then the income requirements to receive a K1 visa must be a minimum of $17,240 annually after deductions in 2021 . This number goes up if the household is larger, such as if the sponsor has one or more children.

What percentage of fiance visas are approved?

In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent . The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.

What is the easiest way to bring my fiance to USA?

You can bring your spouse to the U.S. by way of a Petition for Alien Relative, I-130 or nonimmigrant visa (K-3) . A “spouse” is defined as the legally wedded husband or wife, including same-sex spouses of U.S. citizens and LPRs. In some cases, common-law spouses may qualify for the same benefits.

What is the difference between Form I 864 and I 864EZ?

Form I-864EZ, Affidavit of Support, is a shorter and simpler version of Form I-864, Affidavit of Support. ... Form I-864 or Form I-864EZ is legally required for many family-based immigrants to show that the intending immigrant has adequate means of financial support and is not likely to become a public charge.

How do I make an adjustment of status package?

  1. Check, money order or credit card payment (G-1450)
  2. Cover letter with an itemization of the package contents.
  3. Form G-1145, Request for e-Notification (if applicable)

Do I need a lawyer to file Form I-485?

Options for Preparing Form I-485

Depending on the case, attorney fees can be $1,500-$5,000 (not including USCIS fees). For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don’t need a lawyer.

Can two employers file I-485?

General Rule: I-485 Cannot Simply be Filed with New Employer

These individuals often ask if the adjustment-of-status application can be filed through their new employers. ... The only exception to this is if the new employer has an appropriate legal connection to the original employment sponsor.

What is my status while I-485 is pending?

If the F-1 student applies for an I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he will become a permanent resident of the U.S.

Ahmed Ali
Author
Ahmed Ali
Ahmed Ali is a financial analyst with over 15 years of experience in the finance industry. He has worked for major banks and investment firms, and has a wealth of knowledge on investing, real estate, and tax planning. Ahmed is also an advocate for financial literacy and education.