Adjustment of Status Frequently Asked Questions

Understanding how to convert your K1 visa to a green card can be overwhelming. This comprehensive guide provides answers to frequently asked questions about the Adjustment of Status (AOS) process for K1 visa holders, covering everything from eligibility requirements and application procedures to potential challenges and solutions.

Adjustment of Status Overview Questions

What is an Adjustment of Status?

For the purposes of a K1 visa holder, an Adjustment of Status (AOS) application is a request made to United States Citizenship and Immigration Services (USCIS) that a K-1 spouse of a US citizen is granted lawful permanent resident status (LPR status). The AOS application is sometimes referred to as a green card Application. You, the foreign partner, are the visa applicant in an AOS application, and your American spouse is the petitioning sponsor.

Employment-based adjustment of status is available to US-based foreign workers who are eligible for LPR.

How does an AOS differ from consular processing?

For consular processing, you must reside outside the US and attend a visa appointment at your local US Embassy or Consulate. The AOS process requires you to be in the US and attend an appointment at a USCIS office.

What are the benefits of becoming a US permanent resident?

Adjusting your status offers several advantages, including the ability to remain in the United States during the application process, authorization to work without requiring a separate permit (after approval), and the opportunity to include unmarried children under 21 in the application.

What are the requirements for continuous residence and physical presence?

For most AOS applicants, there is no specific continuous residence or physical presence requirement but you must intend to make the US your permanent home. However, if you leave the US for a year or more, USCIS may find that you did not have this intention and you could lose your green card.

Can I apply for citizenship with a green card?

Green card holders who fulfill US citizenship criteria are eligible to apply after five years. However, those who have obtained their green card through marriage to a US citizen can apply after just three years, as long as they are "living in marital union."

What makes a successful AOS application?

Successful applications require significant time, care, and attention to detail. For many, the process can be stressful. There are lengthy forms to fill out and a significant amount of supporting evidence is required. An experienced immigration lawyer knows what USCIS wants in an application and can ensure that you file a strong, well-presented case.

Adjustment of Status Terminology Questions

What is US Citizenship and Immigration Services?

US Citizenship and Immigration Services, often abbreviated to USCIS, is an agency within the US Department of Homeland Security that processes your green card application.

What is conditional permanent residence?

Conditional permanent residence means that you are granted a green card valid for two years. If you and your spouse remain married and a genuine couple during that period, you can apply to have the conditions removed from your permanent residency. This means that you receive a full 10-year green card, which you can continue to renew as long as you maintain your US immigration status.

What is the difference between a green card and a permanent residence card?

There is no difference. Your permanent resident document is nicknamed a "green card" due to its color.

What is the difference between nonimmigrant and immigrant visas?

Nonimmigrant visas are intended for individuals who wish to enter to US for a temporary period, while immigrant visas are for those who plan to reside in the US indefinitely.

What's the difference between an immigrant petition and an AOS?

An immigration petition is a formal request to the US government to grant someone immigrant status. It determines if someone qualifies to become a permanent resident but doesn't guarantee a green card. It is the first step in the AOS application process.

An Adjustment of Status is the process of changing from a nonimmigrant (temporary) status to a permanent resident (green card holder) while physically in the United States. You need an approved immigrant petition before USCIS will consider your Adjustment of Status application, although both forms can be filed together.

Adjustment of Status Eligibility and Requirements Questions

Eligibility Criteria

Who is eligible to apply for an AOS from K-1?

You can apply for an AOS if you entered the US on a K1 visa, got married within 90 days of entry, and submit the application prior to the expiry of your visa.

Can I apply for an AOS if I have children from a previous relationship?

Yes, you can apply for an AOS even if you have children from a previous relationship. Your children's immigration status is a separate issue and would require its own application process. However, having children from a previous relationship does not automatically disqualify you from obtaining a green card through marriage.

Can I still apply for AOS if the 90-day stay I was given upon entry to the US has expired?

Assuming you get married during the 90-day period, you can still apply for AOS. However, you will be out of status when your visa expires and therefore subject to deportation from the US.

You should ensure that USCIS receives your application before the K1 visa expires. Once the application has been received by USCIS, you can lawfully remain in the US while it is under review.

Can I get a green card if my spouse is a US permanent resident, but not a citizen?

Yes, you can get a green card if your spouse is a permanent resident, but not through the K1 Adjustment of Status process.

Can I apply for an AOS if my spouse is in the military?

Yes, you can apply for AOS if your spouse is in the military. However, there might be specific procedures or additional documents required, such as your spouse's military orders or deployment information.

Can I still apply for an AOS if my spouse is incarcerated?

Yes, you can still apply for an AOS even if your spouse is incarcerated. However, there might be challenges in gathering the required evidence and attending the interview. You will also need to provide documentation about your spouse's incarceration, such as court or prison records.

What are the grounds for inadmissibility for AOS applicants?

Grounds for inadmissibility for AOS applicants include:

• Health and medical grounds: Contagious diseases, missing required immunizations, physical or mental disorders, and substance abuse issues
• Criminal grounds: Convictions of certain crimes such as drug trafficking, prostitution, human trafficking, money laundering, and certain aggravated felonies
• Security grounds: Involvement in terrorism, espionage, or activities that pose a threat to national security
• Public charge: Likelihood of becoming primarily dependent on government assistance
• Fraud and misrepresentation: Providing false information or withholding critical information during the immigration process
• Prior removals and unlawful presence: Previous deportations or unlawful presence in the US

Can I file an AOS if I entered the US for the visa waiver program?

No, the visa waiver program is intended for short-term, temporary stays in the US.

I have an approved immigrant petition but entered the US on a tourist visa. Can I adjust my status now that visas are available?

You might be eligible to adjust your status to a permanent resident. However, if you didn't disclose your immigration plans when applying for the tourist visa, USCIS could deny your adjustment request. They may suspect you misled immigration officials about your true intentions when entering the country.

Financial Requirements

Will I need to file an Affidavit of Support as part of the AOS application?

Yes, your American spouse must file an Affidavit of Support with the AOS application along with evidence to show they meet 125% of the minimum income required by the Federal Poverty Guidelines (FPG).

If my spouse's income is insufficient to meet the financial requirements for an AOS, can they elect a second sponsor?

Yes, if your spouse's income falls short of the requirements for an Affidavit of Support, they may appoint a joint sponsor who accepts financial responsibility for you.

I have substantial savings but my American spouse doesn't. Do I still need a financial sponsor?

Yes, even if you're financially independent, you still need a sponsor (the person who filed the I-130 petition) to sign an Affidavit of Support. This is a legal requirement for family-based green cards.

Health and Medical Requirements

I provided a medical report as part of my K-1 application. Do I need to do another one for the AOS application?

Generally, no. K-1 applicants are usually exempt from any further medical requirements, provided you apply for AOS within one year of the date of your K-1 medical exam and receive all the vaccinations required for a US immigrant visa. However, there may be circumstances where USCIS might require you to obtain a new exam.

Can I be found inadmissible for health reasons?

You could be deemed inadmissible to the United States due to health concerns if you:

• Have a contagious disease that poses a significant public health risk.
• Cannot provide proof of required vaccinations.
• Exhibit a mental or physical condition associated with harmful behavior.
• Have a history of drug abuse or addiction.

Adjustment of Status Application Questions

Adjustment of Status Forms and Documents

What forms are needed for the marriage-based AOS?

To apply for an AOS from the K1 visa, you will need to submit a Form I-130, Form I-130A, and Form I-485. If you are also applying for employment authorization or a travel permit, you will need to submit a Form I-765 and a Form I-131, respectively.

What supporting documents are needed for an Adjustment of Status application?

The supporting documentation required for an AOS can vary depending on the circumstances of your case, but generally, you will need to provide the following:

• Your Form I-94 Arrival/Departure Record
• Your Form I-797 USCIS approval notice for the I-129F petition (K1 visa)
• Your valid passport
• Your K1 visa page and entry stamp
• Your birth certificate
• Your marriage certificate
• Two passport-sized photos

What should I do if there is an error on my submitted AOS forms?

If you notice an error on your submitted AOS forms, you should:

• Get in touch with the USCIS Contact Center to explain the error and request guidance.
• Submit a written explanation of the error with any supporting documentation.
• If possible, correct the error during the biometrics appointment or the AOS interview by informing the USCIS officer.

What if my spouse was previously married and divorced? Are there additional documents required?

Yes, additional documents might be required, including:

• A certified copy of the divorce decree
• Evidence of the termination of any child support or alimony obligations from the previous marriage

Adjustment of Status Filing

Can an AOS application be filed concurrently with other petitions?

Yes, a K-1 AOS application can be filed concurrently with the Form I-130, Petition for Alien Relative.

When should I apply for AOS?

Ideally, you should begin the AOS application process as soon after marriage as possible.

Can you apply for an AOS outside the US?

No, Adjustment of Status applicants must be physically present in the US. If your spouse leaves the US while awaiting an AOS decision, and without an Advance Parole travel document, USCIS will consider the application abandoned.

What are the USCIS fees for the applications?

In July 2024, USCIS fees for AOS are 1,440 USD. The Form I-130 costs 675 USD (or 625 USD if filed online).

If filed concurrently with the Form I-485, the EAD application costs 260 USD and AP costs 630 USD.

Application Status and Processing

Does USCIS inform me when they approve my Form I-130 petition?

When USCIS has approved your I-130 immigrant petition, they will issue an approval notice to your American spouse.

How do I check the status of my AOS application?

You can check the status of your AOS application by:

• Visiting the USCIS website and using the "Check Case Status" tool by entering your receipt number.
• Creating a USCIS online account to receive case updates and notifications.
• Contacting the USCIS Contact Center by phone or submitting an inquiry through the online portal.

Can I expedite my AOS application?

Yes, you can request to expedite your AOS application if you meet certain criteria, such as:

• Severe financial loss to a company or person.
• Emergency situations.
• Humanitarian reasons.
• USCIS error.
• Compelling interest of USCIS.

To request expedited processing, contact the USCIS Contact Center or submit a written request with supporting documentation.

What happens after I submit the AOS application?

Upon submission of your application, USCIS will initiate a review to determine your eligibility for an Adjustment of Status. If approved, you will be scheduled for an interview.

Can I withdraw my AOS application after submission?

Yes, you can withdraw your AOS application after submission. To do so, send a written request to the USCIS office handling your case, including your full name, date of birth, A-number, receipt number, and a statement indicating your intent to withdraw the application. Make sure to sign and date the request.

Visa Interview

Why do I have to attend another interview for my AOS application?

An interview is a standard part of the marriage-based green card process. USCIS uses this opportunity to verify the information provided on your application and allow you to present additional evidence after the K-1 interview.

The main goal of the interview if for a USCIS officer to confirm that a green card is available to you, that you meet all eligibility requirements, and, most importantly, that you are in a bona fide marriage.

How should I prepare for the interview?

In addition to preparing and reviewing all the supporting documents requested for the visa interview, you should also go over your relationship history with your spouse. Ensure consistency in your stories, particularly regarding your initial meeting. Discuss key milestones such as the development of your relationship, the proposal, the wedding, family meetings, and shared hobbies and vacations.

What documents are required for the visa interview?

You should prepare the following documents for your interview appointment:

• Your appointment notice
• Original copies of all documents submitted to USCIS (e.g. passports, visas, birth certificates, marriage certificates, divorce decrees, employment authorization cards, social security cards, state IDs)
• Proof of citizenship and employment verification for your US citizen spouse
• Original sealed medical exam report (Form I-693) if not previously submitted
• Evidence of your shared life with your spouse (e.g. joint financial documents, lease agreements, utility bills, wedding photos, credit card statements, etc.)
• Supporting documentation for significant life changes since applying (e.g. birth certificates for shared children, employment verification letters)

How do I organize my documents for the interview?

To organize your documents for the interview:

• Use a binder or folder with labeled tabs to separate different categories of documents (e.g., identification, financial, relationship evidence).
• Ensure all original documents are included, along with copies for the USCIS officer.
• Bring a copy of your complete AOS application package for reference.

What should I do if I cannot attend the scheduled interview?

If you cannot attend the scheduled interview, contact the USCIS office listed on your appointment notice as soon as possible to request a reschedule. Provide a valid reason for rescheduling and follow any instructions given by USCIS.

Where does the interview take place?

The green card interview is held at a local USCIS office closest to your residence.

What should I wear to the AOS interview?

Dress in business or business casual attire for the AOS interview. Choose conservative, neat, and professional clothing to make a good impression. Avoid overly casual or flashy attire.

Who attends the visa interview?

In addition to yourself, your US spouse and any derivative (dependent) applicants should also plan to attend.

If your spouse cannot attend the interview, inform the USCIS office as soon as possible to explain the situation and request a reschedule. Provide reason for your spouse's absence and any supporting documentation if necessary.

What happens at the visa interview?

Your Adjustment of Status interview will involve questions about your application, eligibility, and personal history. You must provide truthful and complete answers. Any inaccuracies or omissions can jeopardize your application and potentially lead to denial or removal proceedings.

How long does the interview last?

The interview normally lasts anywhere from 20 to 45 minutes.

What should I do if I don't understand a question during the interview?

If you don't understand a question during the interview, politely ask the USCIS officer to repeat or rephrase the question. It's important to provide accurate answers, so ensure you fully understand each question before responding.

Can I bring an interpreter to the interview?

Yes, you can bring an interpreter to the interview if you are not able to complete the interview in English. The certified interpreter should be fluent in both English and Thai and must bring valid identification in order to sign a certification of translation accuracy.

What kinds of questions will the officer ask about my marriage?

USCIS officers carefully examine your case to verify the legitimacy of your marital relationship and prevent fraudulent applications. However, if your marriage is genuine, the interview questions, while personal, should be straightforward to answer truthfully. The interviewing officer may ask some of the following questions.

How You Met

• How and where did you meet your spouse?
• When and where was your first date?
• When did your relationship become romantic?
• Who proposed to whom and how?
• How long was it before you decided to get married?
• Did you live together before getting married? If so, where and for how long?

Your Wedding

• When did you get married?
• How many people attended your wedding?
• Did you exchange rings at the wedding ceremony?
• Did your respective parents attend the wedding?
• What type of food and beverages were served at the reception?
• Did you go on a honeymoon? If so, where?
• When is your anniversary?

Your Living Arrangements

• Where do you live?
• How many bedrooms and bathrooms does your home have?
• Are all the bedrooms on the same floor?
• Do you have a gas or electric stove?
• When is garbage day at your home?
• What color are the curtains in your living room?
• What size bed do you and your spouse have?
• Do you share a closet?
• What do you have in your backyard?
• Who else currently lives at your address?

Your Spouse

• What is your spouse’s date of birth?
• What is your spouse’s birthday?
• What type of job does your spouse do?
• What is your spouse’s favorite food?
• What side of the bed does your spouse sleep on?
• Does your spouse have any scars or tattoos?
• Did your spouse go to college? If so, where, and what did your spouse major in or receive a degree for?
• Where was your spouse employed when you met?
• Who is your spouse’s employer?
• How long has your spouse been working there, and what is your spouse’s position or title?
• How much does your spouse earn?
• What is your spouse’s work schedule like?
• What medications does your spouse take, if any?
• How many brothers and sisters does your spouse have?
• What is your spouse’s best friend’s name?
• Did your spouse own a car when you met? If so, what model and color?
• Are the cars you and your spouse currently drive the same ones as before? If not, when did you or your spouse switch vehicles?
• If you have cars, what is the remaining balance on them, and what is the monthly payment?

Your Routine

• Do you have breakfast together in the morning?
• Who usually cooks, and who cleans?
• Who does the grocery shopping?
• Do you attend church/temple/mosque/etc.?
• What restaurants do you enjoy dining at together?
• What time does your spouse go to / return from work?
• Before you go to sleep, do you and your spouse watch TV or read?
• What is the most important holiday for your family, and where do you typically celebrate?
• How often do you see each other’s families?
• Who woke up first this morning?
• What did each of you have for breakfast today?
• What mode of transportation did you use to come to the interview today?

Financial and Household Management

• Are both of your salaries deposited into a joint bank account?
• What bank account do you use?
• Who pays the rent or mortgage, and how is it paid? (Do you mail it or hand-deliver it?)
• Where does your landlord reside?

These are just a few examples of questions. In practice, USCIS may ask a wide variety of questions to help determine if your marriage is genuine.

What happens after the visa interview?

The outcome of your green card interview will determine the next steps. If the immigration officer is convinced that your marriage is genuine, your green card application will likely be approved. While some officers may provide immediate feedback, most will conduct a final review before making a decision.

If the officer has doubts about the authenticity of your relationship, you may be asked to submit additional documentation or attend a follow-up interview.

Work and Travel

Can I work after applying for an AOS?

If you wish to work while your application is under review, you can apply for an Employment Authorization Document (EAD). To apply, you must file a Form I-765 either alongside the Form I-485 or after.

Can I travel internationally while awaiting an AOS decision?

To travel internationally while your application is under review, you must apply for Advance Parole (AP). AP grants authorization to travel internationally and return to the US on an expired K1 visa.

What is Employment Authorization/Advance Parole (EAD/AP)?

Due to the often lengthy period involved in processing AOS applications, USCIS allows applications for an employment authorization document (EAD) and Advance Parole (AP) to be made concurrently with an application for AOS. The EAD grants you the right to work, while AP allows you to travel internationally while awaiting a green card.

How long does it take to get an EAD card or Advance Parole document?

EAD cards normally arrive within a few months of applying, while AP can take up to 6 months or longer.

What is the impact of unauthorized employment on AOS eligibility?

Unauthorized employment can impact AOS eligibility, especially if you entered the US without inspection or overstayed a visa. However, certain applicants, such as immediate relatives of US citizens, may be exempt from this disqualification. It's essential to consult with an immigration attorney to understand how unauthorized employment may affect your specific case.

How do I renew my EAD or Advance Parole if it expires before my AOS is approved?

To renew your EAD or Advance Parole:

• Submit a new Form I-765 for EAD renewal or Form I-131 for Advance Parole renewal.
• Include the required supporting documents and fees.
• Apply for renewal 90 to 120 days before the current EAD or Advance Parole expires to avoid gaps in employment authorization or travel ability.

Adjustment of Status Denials and Appeals Questions

Can an AOS application be denied?

Yes, USCIS can deny an AOS application. If they do so, they must provide you with reasons for the denial.

Can I appeal a denied AOS application?

In some cases, you may be able to appeal the decision or file a Motion to Reopen and Reconsider based on a valid legal argument or new information. Alternatively, you may have to file a new case.

Criminal and Court History Questions

I received a DWI ticket years ago and it was never dismissed. Could this affect my green card application?

Whether a past DWI ticket impacts your green card eligibility may depend on whether you were actually convicted of the offense. A conviction could prevent you from obtaining a green card.

How does criminal history affect my AOS application?

Criminal history can affect your AOS application by rendering you inadmissible or ineligible for AOS. Certain crimes, such as aggravated felonies, drug trafficking, or crimes of moral turpitude, can lead to denial. Consult with an immigration attorney to evaluate your specific case and explore possible waivers or remedies.

What should I do if I receive a Notice to Appear (NTA) for removal proceedings during the AOS process?

If you receive an NTA for removal proceedings:

• Contact an immigration attorney immediately to discuss your options and prepare your defense.
• Attend all scheduled immigration court hearings.
• Gather evidence and documentation to support

Questions about Changes to the Relationship

My American spouse and I are legally separated. Can I still apply for a green card based on our marriage?

Yes, it's possible to adjust your status to permanent resident even if you and your US citizen spouse are legally separated. However, the specific circumstances of your situation will determine the outcome of your application.

I came to the US on a K-1 fiancé(e) visa but married someone other than my visa sponsor. Can I apply for a green card through AOS?

No, you cannot adjust your status. You must leave the country and apply for an immigrant visa at a US Consulate or Embassy.

How does domestic violence affect the AOS process?

If you are a victim of domestic violence, you might qualify for certain immigration benefits, including expedited processing of your AOS application. You will need to provide evidence of the abuse, such as police reports, medical records, or court orders. There are specific immigration laws and procedures in place to protect victims of domestic violence.

Miscellaneous Adjustment of Status Questions

I move frequently. How can I make sure USCIS doesn't send important documents to an old address?

It is a legal requirement to inform USICS of all address changes within 10 days of moving. To update USCIS records, you can fill out an online Form AR-11.

How do I correct errors on my green card after approval?

To correct errors on your green card:

• File Form I-90 (Application to Replace Permanent Resident Card).
• Include the incorrect green card, evidence of the error, and any supporting documentation.
• Pay the applicable fee or request a fee waiver if eligible.

Do I need an attorney to file an Adjustment of Status?

While it is possible to file an Adjustment of Status application without legal advice, an experienced immigration attorney can offer significant advantages. Attorneys have the expertise to efficiently and accurately prepare forms and supporting documentation reducing the potential for errors and delays. Furthermore, they can identify potential issues in your case and provide strategic guidance to resolve them.

Siam Legal's team of US immigration lawyers has helped thousands of families make the US their permanent home. Their specialist expertise ensures that your green card application has the best chance of success. Reach out today if you'd like to learn more about how Siam Legal can help you obtain your green card.

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