Fiancé(e) Immigration Success: Mastering Adjustment of Status in the U.S

Adjustment of Status (AOS) is the process by which a foreign national who is in the United States on a temporary visa can apply for lawful permanent resident status (green card) without having to leave the country. The process is commonly used by fiancé(e)s of U.S. citizens who enter the U.S. on a K-1 visa, which is a visa for foreign nationals coming to the U.S. to marry their U.S. citizen fiancé(e).

Here are the general steps for Adjustment of Status for fiancé(e)s:

• Marriage: The U.S. citizen and the foreign national fiancé(e) must get married within 90 days of the foreign national’s entry into the U.S. on a K-1 visa.
• Filing Form I-485: The U.S. citizen must file Form I-485, Application to Register Permanent Residence or Adjust Status, on behalf of the foreign national spouse. This form is used to apply for a green card.
• Supporting Documentation: Along with Form I-485, you must submit supporting documentation, including evidence of the bona fide nature of the marriage, financial documents, and other required forms.
• Fingerprinting: Both the U.S. citizen petitioner and the foreign national spouse will need to attend a biometrics appointment to provide fingerprints.
• Interview: USCIS may schedule an interview to verify the validity of the marriage and assess the eligibility of the foreign national for a green card.
• Work Authorization: The foreign national spouse can apply for work authorization by filing Form I-765 concurrently with Form I-485. This allows them to work in the U.S. while the green card application is pending.
• Travel Permission: If the foreign national spouse wishes to travel outside the U.S. while the green card application is pending, they should apply for and obtain advance parole (Form I-131) to avoid jeopardizing the adjustment of status application.

It’s important to note that immigration processes and requirements may change, so it’s recommended to check the latest information on the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date guidance tailored to your specific situation.

How to Fill Out Form I-485

Filling out Form I-485, Application to Register Permanent Residence or Adjust Status, is a crucial step in the process of obtaining a green card through adjustment of status. Here’s a general guide on how to fill out Form I-485:

1. Download the Form:

• Obtain the latest version of Form I-485 from the official U.S. Citizenship and Immigration Services (USCIS) website.

2. Read the Instructions:

• Before you start filling out the form, carefully read the accompanying instructions provided by USCIS. The instructions contain important information on eligibility criteria, required supporting documents, and submission guidelines.

3. Complete the Form:

• Fill out the form neatly and accurately using black ink. If a question does not apply to your situation, write “N/A” (Not Applicable) or “None” unless otherwise instructed.
• Provide all requested information for both the petitioner and the foreign national beneficiary.
• Be accurate and truthful in providing details about your personal information, address history, employment history, marital history, and any other information required.
• Ensure that all required signatures are provided in the designated areas.

4. Supporting Documentation:

• Include all necessary supporting documents as outlined in the instructions. This may include a copy of the marriage certificate, birth certificates, passport photos, and financial documents.

5. Filing Fee:

• Check the USCIS website or the form instructions for the current filing fee. Include the appropriate payment method, such as a check or money order payable to the “U.S. Department of Homeland Security.”

6. Submission:

• Mail the completed Form I-485, along with supporting documents and the filing fee, to the address specified in the instructions. Make a copy of the entire application for your records.

7. Biometrics Appointment:

• After USCIS receives your application, you will likely be scheduled for a biometrics appointment to provide fingerprints.

8. Interview:

• USCIS may schedule an interview to assess the validity of the marriage and other eligibility criteria. Be prepared to provide additional documentation if requested.

9. Work Authorization and Travel Permission:

• If applicable, file Form I-765 for work authorization and Form I-131 for travel permission (Advance Parole) concurrently with Form I-485.

Remember that immigration processes can be complex, and it’s advisable to seek legal advice or assistance from an immigration attorney if you have specific concerns or questions about your case. Always refer to the most recent version of the form and instructions on the USCIS website.

Form I-485 Checklist of Required Documents

When filing Form I-485, it’s essential to include a comprehensive set of supporting documents to demonstrate your eligibility for adjustment of status. The specific documents you need to submit may vary based on your individual circumstances, so always refer to the most recent form instructions provided by U.S. Citizenship and Immigration Services (USCIS). However, here is a general checklist of commonly required documents for Form I-485:

• Form I-485:

  • Completed and signed by the applicant (and petitioner, if applicable).

     

• Filing Fee:

  • Check or money order payable to the “U.S. Department of Homeland Security” for the appropriate filing fee. Check the USCIS website or form instructions for the current fee.

• Passport Photos:

  • Include passport-style photos of the applicant as specified in the form instructions.

• Copy of Birth Certificate:

  • A copy of the birth certificate for the foreign national applicant.

• Copy of Passport:

  • A copy of the biographical page of the foreign national’s passport.

• Form I-94:

  • Copy of the most recent Form I-94, Arrival/Departure Record.

• Marriage Certificate:

  • If adjusting status based on marriage, include a copy of the marriage certificate.

• Form I-864 (Affidavit of Support):

  • If required, include Form I-864, filled out by the sponsoring U.S. citizen or permanent resident. Include supporting financial documents.

• Form I-693 (Report of Medical Examination and Vaccination Record):

  • A completed and sealed Form I-693, signed by a designated civil surgeon. This is typically submitted at the time of the medical examination.

• Police Clearance Certificate:

  • A copy of the police clearance certificate from the country where the foreign national has lived for an extended period since the age of 16.

• Form I-765 (Application for Employment Authorization):

  • If applying for work authorization, include Form I-765 and the appropriate filing fee.

• Form I-131 (Application for Travel Document):

  • If applying for advance parole (travel permission), include Form I-131 and the appropriate filing fee.

• Proof of Legal Entry:

  • Evidence of legal entry into the United States, such as a copy of the visa, entry stamp, or other relevant documentation.

• Divorce or Death Certificates (if applicable):

• • If either the petitioner or applicant was previously married, include divorce or death certificates to demonstrate the termination of previous marriages.