K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.
Please read the Terms
of Service before continuing.
Section 14.0...Adjustment
of Status from K3/K4
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Frequently Asked Questions:
14.1)..How soon after we arrive in the U.S. should we apply for Adjustment
of Status?
14.2)...Since my K3 status is good for two years, why am I obligated
to apply for Adjustment of Status as soon as possible?
14.3)...When we file for adjustment of status, what do we need to
do about the child's K4 status? Are we required to file the adjustment
for the K4 and pay the fees for each application?
14.4)...How do I file for Adjustment of Status from a K3 and what
forms do I need?
14.5)...Will I need to apply for Advance Parole in order to leave
and then reenter the United States as a K3/K4?
14.6)...Does the K3 status change after applying for Adjustment of
Status?
14.7)...What if my EAD expires before my application for Adjustment
of Status from K3 is approved?
14.8)...My status as K3 is about to expire, and I am still waiting
approval of AOS. Is there anything I can do to keep my status?
14.9)...What is the status of a K3 after approval of Adjustment of
Status?
Note: You can also read Section
6.0, because Section 14.0 only contains specific K3/K4 information,
whereas Section 6.0 has much more in the way of general AOS info as
well.
Answers:
14.1)...How soon after we arrive in the U.S. should we apply for
Adjustment of Status?
A..For most people, this will be "as soon as possible". The USCIS (INS)
has made an assumption that nearly all K3/K4 folks will want to apply
for AOS, even though a few will still choose to apply for an immigrant
visa at a Consulate outside the United States.
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14.2)...Since my K3 status is good for two years,
why am I obligated to apply for Adjustment of Status as soon as possible?
A..The USCIS (INS) is looking for a good faith effort on the part of
the K3 to obtain residency in the United States. After all, the K3/K4
visas were created in order to allow families to be united. If the K3
makes no effort to obtain residency, the USCIS (INS) is going to assume
the K3 has no genuine interest in being united as a family. The USCIS
(INS) has put a two big roadblocks in the way of a spouse who enters
the United States on a K3 visa, but who makes no attempt to apply for
permanent residency. The USCIS (INS) will deny renewal of work authorizations,
and they will deny applications to extend status of the K3/K4.
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14.3)..When we file for adjustment of status, what
do we need to do about the child's K4 status? Are we required to file
the adjustment for the K4 and pay the fees for each application?
A..Yes, you are. The AOS packages may be submitted together, but they
each must contain their own sets of documentation, including a notarized
I-864. If the K4 has never had an I-130 filed on their behalf, this
must be done now, submitted along with the AOS package.
Go to item 6.1.1 for information regarding "age outs"
of K4s who are near the age of 21.
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14.4)...How do I file for Adjustment of Status
from a K3 and what forms do I need?
A.. Please see the K1 & K3 Adjustment
of Status Guide. In short though you will require the following
forms:
| 1. |
Payment(s) as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.
>> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007). |
| 2. |
Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. |
| 3. |
Form I-485: Petition for Alien Relative |
| 4. |
Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). |
| 4a. |
Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport |
| 5. |
K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 |
| 6. |
Non US Citizen Spouse's Electronic I-94 Copy or (for older entries) a copy of a valid paper I-94 (front and back of form) |
| 7. |
A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) |
| 8. |
A certified copy of your marriage certificate. (If filing for your spouse) |
| 9. |
Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a. |
| 10. |
G-325A filled out, signed and dated. |
| 11. |
I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you. |
| 12. |
I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation |
| 13. |
I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)
>> Include any additional required supporting documentation or photos. |
| 14. |
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)
>> Include any additional required supporting documentation. |
|
* Fingerprint fee not needed for applicants under 14
** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail.
|
The "best" way to get these forms is typically on-line via the USCIS (INS) site
on the internet here. You can also
find links to the required AOS forms here.
Before filing please read this.
Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office).
By reading the forums, you can get an idea of what things you need to
know.
If you have not applied for work authorization until this point, you can
also submit the I-765 Application for Employment Authorization. You will
apply as category (c)(9), "adjustment applicant". Please note..fingerprints,
photos, and signature cards are no longer required to be submitted with
the I-765 application.
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14.5)...Will I
need to apply for Advance Parole in order to leave and then reenter
the United States?
A..Not as a K3/K4. You will need Advance Parole to reenter the United
States at any time after your status as K3/K4 has ended, but before
obtaining Permanent Residency.
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14.6)...Does the K3 status change after applying
for Adjustment of Status?
A...The K3/K4 status does not change *because* an AOS application has
been filed. The K3/K4 status expires on its own, generally after two
years. However, after the K3/K4 status has expired, but prior to gaining
approval for permanent residency, the status will be a "period of stay
authorized by the Attorney General", based on being an Adjustment Applicant
who is awaiting a decision regarding an adjustment of status application.
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14.7)...What if my EAD expires before my application
for Adjustment of Status is approved?
A..Apply for a new EAD. Make sure you apply well in advance, since processing
may take several months.
If you have never applied for Adjustment of Status, then you will be
required to show that your initial I-130 petition is still awaiting
approval, or, if the I-130 was approved, that you have applied for an
immigrant visa at a U.S. Consulate.
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14.8)...My status as K3 is about to expire, and
I am still waiting approval of AOS. Is there anything I can do to keep
my status?
A..Yes, you can apply for an extension of status with the USCIS (INS).
This will enable you to leave the United States and return without needing
Advance Parole. It is probably a good idea to extend the K3/K4 status
if you plan on being outside the country.
As with renewal of EADs, your application for extension of status as
K3/K4 will not be approved if you have never applied for Adjustment
of Status, unless you show that your initial I-130 petition is still
awaiting approval, or, if the I-130 was approved, that you have applied
for an immigrant visa at a U.S. Consulate.
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14.9)...What is the status of a K3 after approval
of Adjustment of Status?
A..If Adjustment of Status is approved after the marriage is two years
old, then the K3 (and K4) will become Permanent Residents. If the marriage
is less than two years old when AOS approval is obtained, the K3/K4
will be Conditional Permanent Residents. For more information on Conditional
Permanent Residence, and the subsequent application for Lifting of Conditions
on Conditional Status, see Section 7.0.
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This FAQ is located at https://www.visajourney.com/faq/k1faq.htm
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