[2025] USA Adjustment of Status for K1 Visa Holders: A Complete Guide

Free Consultation

Name *

Email Address *

Phone Number

Choose type of VisaVisaH-1B Visa (Skilled Worker Visa)F-1 Visa (Student Visa)L-1 Visa (Intra-Company Transfer Visa)B-1/B-2 Visa (Business and Tourist Visitor)EB-5 Visa (Investor Visa)Others

Consult Now

USA Adjustment of Status for K1 Visa Holders: A Complete Guide

Introduction

If you entered the U.S. on a K1 fiancé(e) visa, congratulations! The next crucial step is adjusting your status to become a lawful permanent resident (Green Card holder). This process, known as Adjustment of Status (AOS), ensures you can stay in the U.S. without needing to leave and reapply. In this guide, we’ll cover everything you need to know about adjusting status from a K1 visa to a Green Card.

What Is Adjustment of Status (AOS)?

Adjustment of Status is the process through which non-citizens already present in the U.S. can apply for a Green Card (permanent residency) without having to return to their home country for consular processing.

For K1 visa holders, AOS is essential since your visa is valid only for 90 days, during which you must marry your U.S. citizen fiancé(e). After the marriage, you need to file for AOS as soon as possible to stay legally in the country.

Eligibility Requirements for AOS After a K1 Visa

To apply for Adjustment of Status, you must meet the following conditions:

• You entered the U.S. on a K1 visa.
• You married the U.S. citizen petitioner within 90 days of arrival.
• You have not committed any immigration violations (such as overstaying beyond 90 days without marriage).
• You are otherwise admissible to the U.S. under immigration law.

If you meet these criteria, you can proceed with your Green Card application.

Step-by-Step Process for AOS After K1 Visa

Step 1: Gather Required Documents

Before filing your application, prepare the following documents:

• Form I-485 (Application to Register Permanent Residence or Adjust Status)
• Form I-864 (Affidavit of Support) from your U.S. citizen spouse
• Form I-693 (Medical Examination and Vaccination Record) if not submitted during K1 visa processing
• Copy of Marriage Certificate
• Copy of Your K1 Visa and I-94 Arrival/Departure Record
• Passport-sized Photos (as per USCIS guidelines)
• Proof of Relationship (photos, joint bank accounts, lease agreements, etc.)
• Filing Fees ($1,440 plus $950 for each individual as of 2025)

Step 2: Submit Your AOS Application

Send your Form I-485 and supporting documents to the appropriate USCIS Lockbox based on your location. You can check the latest mailing address on the USCIS website.

Step 3: Attend Biometrics Appointment

USCIS will send you a biometrics appointment notice where they will collect your fingerprints, photo, and signature for background checks.

Step 4: Attend the AOS Interview

Most K1 visa holders are required to attend an interview at a local USCIS office with their U.S. citizen spouse. During this interview, an immigration officer will ask questions about your relationship and verify your documents.

Step 5: Receive Your Green Card

If your application is approved, you will receive a Conditional Green Card (valid for 2 years). You must apply for removal of conditions (Form I-751) within 90 days before it expires to receive a 10-year Green Card.

Processing Time for K1 to Green Card

The AOS process typically takes 8-14 months from filing to approval, depending on USCIS workload and case complexity.

Common Issues and How to Avoid Them

1. Missing the 90-Day Marriage Window: If you do not marry your U.S. citizen fiancé(e) within 90 days, you cannot adjust status and may face deportation.
2. Insufficient Evidence of a Bona Fide Marriage: Ensure you provide photos, joint financial statements, lease agreements, and affidavits from friends and family.
3. Not Attending the Interview: Failing to attend the AOS interview may lead to denial.

What Happens If AOS Is Denied?

If your AOS application is denied, you may have options such as filing an appeal or reapplying. However, in some cases, you may be placed in removal proceedings. Consulting an immigration lawyer is crucial if you receive a denial.

Conclusion

Adjusting your status from a K1 visa to a Green Card is a critical step in securing your future in the U.S. While the process can be complex, with proper guidance and preparation, you can successfully obtain your permanent residency.

At Law Tycoon, we specialize in U.S. immigration law, ensuring your AOS application is filed correctly for a smooth approval process. Contact us today for expert guidance on your K1 to Green Card journey!

📞 Call Us: [Your Contact Number]
🌐 Visit Our Website: lawtycoon.com
📩 Email Us: contact@lawtycoon.com