Adjustment of Status from K1 Visa

It’s been a while since I’ve written, but now that I am officially married, it’s time to adjust my status (AOS) to become a permanent resident in the USA. Like the K1 visa, this process involved doing my own research and reading, as we are not using an immigration attorney for this part either. Therefore I suggest that anybody about to go through the same situation read the following sources before beginning:

• VisaJourney AOS Guide
• USCIS Official Website
• ImmiHelp AOS Guide

If you have any problems filing out your forms, a simple google search for example completed forms or “How to fill out form ____” will assist you. USCIS also provide instructions with each of their forms, with details of what evidence you need to send with the forms and in depth information about how to complete the forms. I have also included links to each of the forms on the USCIS website below, instructions can also be accessed using the coloured links below.

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What you need to know before filing

You can only file AOS once you are married and have received your marriage certificate as this needs to be included in your packet.

When filing your I-485, Application to Adjust Status , you are able to concurrently file your I-765, Application for Employment Authorization (EAD) and I-131, Application for Travel Document (AP) at no additional cost. The reason that most people choose to do this, including myself, is that you will receive an EAD/AP combo card which will allow you to accept employment and travel out with the United States whilst your green card processes which can sometimes be a lengthy process.

If you leave the US whilst your green card processes and you do not have AP, they will cancel your green card application and you will have to go through the whole process of obtaining a CR1 visa before you can get back into the US permanently.

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How I organised my paperwork

I used four individual folders, which I will detail the contents of in the next section of this post. To group items I used either paperclips or small binder clips (remember USCIS don’t like staples) and a large binder clip to secure them all together with the cover letter on the top. I opted to send this via FedEx so it was tracked and signed for as there was a lot of important information in it, it took absolutely ages, and a few mental breakdowns to put it all together haha! The address for sending it via this carrier is slightly different from the normal address, all of which can be found here.

Now even though you are filing these forms concurrently, they will be processed separately, so that is why you have to separate them . You will notice in the list of contents below that some items are duplicated across my folders of evidence, it is essential that you include all the information requested for each individual form or you will get a Request For Further Information (RFE).

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What I Included in Each of the Folders

FOLDER ONE

• Form G1145, e-Notification of Application/Petition Acceptance
• Cheque for the amount of $1225.00 which covers: $1140.00 for AOS application + $85.00 for Biometrics

FOLDER TWO

Form I-485, Application to Adjust Status

• Photographs (2) of Yasmin
• Photocopy of birth certificate of Yasmin
• Photocopy of passport biographical page, K1 visa page previous US entry stamps
• Photocopy of previous J1 work visa and entry stamp
• I-797 Notice of Action (I-129f Petition Approval Notice from USCIS)
• Photocopy Form DS-3025 Vaccination Documentation Worksheet from Knightsbridge Medical Practice (my medical exam in the UK is still valid, I do not have a Class A medical disorder and my vaccination record has been properly completed)
• Print out of I-94 Arrival/Departure record
• Photocopy of Marriage Certificate with covering letter from town hall

Form I-864 Affidavit of Support with photocopies of supporting documents (completeted by US Citizen):

• Employment letter confirming income from employer
• Letter to explain income in 2014/2015 (my husband was a full time student during these years)
• Last 6 months of pay stubs from employer
• Photocopy of 2016 Income tax return with W2s
• Photocopy of Mortgage Note 2017
• Photocopy of Property Tax Assessment 2017

FOLDER THREE

Form I-765, Application for Employment Authorization

• Photographs (2) of Yasmin
• Photocopy of passport biographical page and K1 visa page
• Photocopy of Form I-94 Arrival/Departure record
• Photocopy of Marriage Certificate

FOLDER FOUR

Form I-131, Application for Travel Document

• Photographs (2) of Yasmin
• Explanation of Qualifying Circumstances for AP (Not necessary as I filed with AOS, but wanted to include it just incase)
• Photocopy of passport biographical page and K1 visa page
• Print out of I-94 Arrival/Departure record
• Photocopy of Marriage Certificate

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Next Steps after filing your paperwork with USCIS

1. From what I’ve read, the first step is to receive three separate I-797C Receipt Notice of Action (NOA) forms from USCIS to confirm that they have received your paperwork.
2. The next step after that is to receive your biometrics appointment letter, where you will go to your local office so they can collect your fingerprints, photograph and signature.
3. Then you should receive another NOA from USCIS to let you know that your EAD/AP combo card has been produced. They estimate that these should be approved approximately 90 days after receiving your USCIS received date which will be on your NOA letters.
4. Finally you should receive another NOA from USCIS to either confirm your interview date for AOS or to confirm that you have been approved without an interview and your green card and immigration welcome pack is on it’s way.

The green card timeframes seem to be pretty unpredictable, some people seem to take a few months, others a year, sometimes more! As I said above, an interview may not be required and the only reason that this wouldn’t be necessary is because I entered on a K1 visa and completed an interview in June 2017.

I will write more about my AOS process as I progress through it!