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ADJUSTMENT OF STATUS ("GREEN CARD")

After your Fiancee enters the U.S. on a K-1 visa and getmarried within 90 days, she must file for adjustment of status (Form I-485) to obtain permanent residence status. There is no time restriction as to when she must file for adjustment of status. However, she won’t have any legal status until her application for adjustment of status is approved.

Because the I-485 applications can take up to 12 months to be completed, your spouse should also submit Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document). Each application requires certain supporting documents and a filing fee is only required for Form I-485. After the applications are submitted to USCIS, USCIS takes about 3 – 4 months to issue the one-year Employment & Travel Card (single combo card). Applicants can use their combo card to work and enter the United States before receiving their green cards. Applicants should not engage in any domestic or foreign employment and should not travel outside of the United States until they receive their one-year combo card. Departing the U.S. before receiving travel authorization will automatically terminate the pending I-485 applications. To re-enter the U.S. your spouse would need to apply for a spouse visa and could possibly be subject to the 3-year or 10-year bars.

Your Spouse Must Submit The Following Items To USCIS:

  • Application to Register Permanent Residence or Adjust Status (Form I-485)
  • Application for Employment Authorization (Form I-765)
  • Application for Travel Document (Form I-131)
  • Biographic information (Form G-325)
  • Affidavit of Support (Form I-864)
  • Six (6) passport photo
  • Birth Certificate
  • Passport Biodata Page
  • K-1 Visa
  • Admission Record (Form I-94)
  • Marriage Certificate
  • USCIS Form I-129F Approval Notice
  • Medical Exam & Vaccination Records (if applicable); and Most Recent Tax Returns and Proof of Employment of U.S. citizen.

If you and your spouse are married for less than 2-years at the time USCIS approves the adjustment of status application, your spouse will receive a 2-year conditional green card. 90-days prior to the expiration of the conditional green card, your spouse must apply for removal of conditions (Form I-751). After Form I-751 is approved, your spouse will receive a 10-year green card.

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Laurie Wu, Attorney
(602) 559-1197
laurie@lywlaw.com

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