MrsPresson.com | I-129F Petition, K1 Fiance(e) Visa, AOS Guides
MrsPresson.com | I-129F Petition, K1 Fiance(e) Visa, AOS Guides
MrsPresson.com | I-129F Petition, K1 Fiance(e) Visa, AOS Guides
MrsPresson.com | I-129F Petition, K1 Fiance(e) Visa, AOS Guides

Adjustment of Status / AOS (From a K1 Visa)

By Erika Presson
Last Updated: February 2, 2014


READ THESE IMPORTANT NOTES BEFORE SCROLLING DOWN TO THE ARTICLE:

  • The reader has the DUTY/RESPONSIBILITY to verify information from the aforementioned government agencies on their own - Not through hearsays, forums, or blogs (YES, including this blog). Please read my disclaimer here.
  • Make sure you've read ALL the articles under the "Immigration" Menu up top, because I've written and covered all pertinent information about the whole I-129F/K1/AOS/ROC Processes.
  • Search through Frequently Asked Questions about the whole process from I-129F - K1 Visa - AOS - ROC and other processes. Read about the KnowledgeBase here »
  • The articles found on this blog are applicable to all I-129F Petitions, K1 Visa Applicants, AOS (from a K1 Visa), and ROC applicants unless otherwise noted. The I-129F Process and AOS is the same for all foreign beneficiaries/spouses. Some K1 Visa Process articles are written specifically for applicants from the Philippines. Please refer to your country's U.S. Consulate/Embassy website for country-specific instructions.


Congratulations on getting married! AOS is the next step!




Sadly, immigration paperwork doesn’t end right there. You would need to file for AOS or Adjustment of Status. As a K1 Visa holder, you must file for AOS in order to adjust your status or legal presence in the US. When you arrived in the US, the K1 Visa is automatically invalidated as it is a single-entry visa. The document that states your legal presence here in the US will be your I-94 which expires 90 days upon US entry. If you have applied for a Work Permit (Employment Authorization Document / EAD) and a Travel Permit (Advance Parole / AP) along with your AOS paperwork, you’re most likely to get news about those permits within 2 to 3 months of your AOS’ Notice of Action 1 (NOA1). Most AOS applicants have interviews that marks the last stage of the AOS process. Some skip this step entirely. (Lucky them!) But after the interview at the USCIS Field Office is done and if you’re approved, you will be receiving your Green Card in the mail after a few days. When you’re done with your AOS, you’re done…. for at least 2 years. Then you’d have to file for Removal / Removing of Conditions (ROC).

NOTE: It is ok to file after 90-days of entry, but it is advised to file as soon as possible.

 

 

6 Reasons Why Would You Want to File for Adjustment of Status As Soon As Possible:

 

1.) To protect your status and remain legally in the US. (See “USCIS.gov’s Application Process for Green Card through K1”) Remember, your i-94 expires 90 days upon entry to the US.

2.) To obtain a 2-year Conditional Green Card, give or take, 6 months upon filing. (This depends on USCIS processing times). This 2-year Conditional Green Card (GC) is proof that you are in the US legally and as a Permanent Resident. This card will allow you to work and stay in the US with your spouse.

 

3.) If you applied for an I-765 Employment Authorization Document (EAD) / Work Permit along with your AOS Packet, you’d be able to obtain the EAD Card approximately 2-3 months after filing. This will allow you to work sooner, as opposed to waiting for the Green Card alone.

***The filing fee is waived (Read: FREE!) when you send in your I-765 alongside your I-485 AOS Papers!

 

4.) If you already have a US Driver’s License / State ID issued within the first few weeks of stay in the US, that means your Driver’s License’s expiration date is tied to your I-94 form (within 90 days of entry). In order to extend the validity of the Driver’s License, you would need your EAD or Green Card. You would also be able to update your card to your Married Name.

 

5.) If you have filed for I-131 Advance Parole (AP) / Travel Permit along with your AOS Packet, you’d be able to obtain the AP Card approximately 2-3 months after filing. This will allow you to travel outside the US for a limited time. It also depends on whether you applied for a multiple entry AP. If you filed EAD at the same time, you will get an EAD / AP combo card.

***The filing fee is waived (Read: FREE!) when you send in your I-131 alongside your I-485 AOS Papers!

 

6.) To avoid having to do another round of EXPENSIVE Medical Exams by a Civil Surgeon. K1 Applicants are NOT REQUIRED to undergo another full medical examination if your Overseas K1 Medical Exam is still within 1 year upon AOS Application. See Form I-693 Instructions. AND the USCIS.gov website for details. If you wait too long, you may have to take another Medical Exam.

 

 

Now, let’s discuss the Adjustment of Status (AOS) from a K1 Fiancé(e) Visa:

Life As Mrs. Presson | How to Prepare Your AOS Package: Forms, Requirements and Checklist

Preparing your AOS Package: Adjustment of Status (AOS) Requirements, Forms, and Checklist »

Based on my experience, these are the forms and documents needed for Adjustment of Status. Make sure you label the documents inside your packet for easy handling!

Read More »

 

I-797C Notice of Action, AOS Interview Appointment Notice / Interview Letter | Adjustment of Status / AOS (From a K1 Fiancé(e) Visa) Process Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

Adjustment of Status (AOS) Process Walkthrough »

The AOS Process typically lasts for 6 months from NOA1. Some are VERY lucky to have completed the process within 6 months. Some, due to backlog, will have to endure the process for more than 6 months.

Read on so you can have an idea on what to expect from your AOS Process. »

 

My I-485 Case Status | “Welcome to the United States” / Green Card Package | I FINALLY got my Green Card! I-485 Adjustment of Status (AOS) Approved! | ©2014 – onwards, USCIS, Life As Mrs. Presson (www.mrspresson.com)

Permanent Residents / Green Card Holders »

After AOS from a K1 Visa, the applicant will be granted a 2-year Conditional Green Card / Form I-551. Read more about the Rights and Responsibilities of a Permanent Resident a.k.a. Green Card Holders.

Read More »

 

 

***

Next Steps:

 

 

Related Questions on the KnowledgeBase:

 



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61 Comments

(Please click on "Show Replies" to read other comments/replies)


  1. Kaye says:

    Hi Mrs. Presson i love this page. I have a question. My Medical was last Oct. 28 2016 and the expiry of my visa is on March 26, 2017. My ticket to travel is on March 1, 2017. I know that I will be okay to enter America. When do you think I should file my AOS? I have heard me and my fiancé have to schedule the civil wedding with a fiscal and the court decides to schedule it. What should I do?

    Thank you.

  2. Mary Ann says:

    Hello Mrs. Presson! I am very much thankful for having visited your blog. It really helps me a lot! I am now processing all the documents for my AOS. I understand that I am not going to pay on filing my I-131 and I-765, if I am going to include these applications with my I-485 packet. I will mail this week. One important info, let me know what is the address of the USCIS Office, I am presently residing here in Altus, Oklahoma.

    Thanks a lot! God bless!

  3. Nikki says:

    Hi mrs presson! I just want to ask if I do need to submit Form I-130 (petition for alien relative) along with my AOS? thanks!

  4. Hi mrs presson i have another question again about this form i765 question #16.. Should i write category (a)(6) kahit lagpas na sa 90 days ang pagfile ko AOS? Or should i put (c)(9)? Ngayong lang kasi ako magfifile ng AOS after 6months of being married :) thank you so much.. God bless

  5. Hi! Mrs presson i have question regarding my i-94 and my passport stamp.. In my passport stamp date admitted nkalagay doon is july 6,2014 and in my I-94 july 7,2014 nalilito lang ako kasi arrival date ko sa LAX was july 6,2014..anyway,,when i am ready to fill up the form i485 they ask DATE OF LAST arrival so i am confused which one should i use? The passport stamp date admitted (july 6,2014) or in my I-94 most recent date of entry( july 7,2014)?
    Thanks!

  6. christen says:

    Sorry I have other thing bothered me should we pay again to resubmit my i765?its rejected on my 1st attempt ?and if I said yes to Q#11 which USCIS office?
    I highly appreciated your response…

    Thanks you

  7. christen says:

    Hi Mrs presson we just send our aos packet to USCIS,after 1 and 1/2 weeks we got mail the notice of action for I 485 and i131,but the other form the i765 is been rejected coz I filled up wrong on Q#16?what should I put in there?we send our packet 1week after our big day,should I put a9 for Q#16? And in Q#11 which USCIS office?pls need help….

    Thanks….

    • You have to send the I-765 packet again (correct forms this time) to the SAME address (http://www.uscis.gov/i-765-addresses):

      • BUT you have to scan and print out the I-485 NOA1 and include this printout with your I-765 as proof that you have a pending I-485 application.
      • No check payment necessary for I-765, but you must include a copy/scanned printout of your NOA1 as mentioned above.
      • If you have read the instructions on the I-765, Page 4 – Number 6A – They mention that “Any EAD application OTHER THAN for a replacement must be based on your pending application for adjustment under (c)(9).” Then you must read Page 4 – Number 7A because you are applying for EAD with your I-485.
      • With Question 11, you should be able to answer that on your own because you do have the rejection letter with you. And make sure you follow the Q11 instructions.
  8. Marco says:

    Hi Erika and thanks for your previous answer.
    I already know about SSN and the time, etc needed to apply for citizenship.
    What is not clear to me yet about I-131: is it mandatory to provide a “Date of Intended Departure” to apply for it? Because I will not have one. What about to apply for multiple trips or not? Is it a good idea to apply always for multiple trips?

    Regards

    • Like I have said on my previous response, “All fields on ANY USCIS form should not be left blank.” (Unless otherwise noted.)

      There would be a blank explaining why you are applying for an AP. You can put in “Unforeseen circumstance / Emergencies” then just put any future date. You can’t plan for emergencies. You certainly won’t know how many times you’re supposed to travel for emergency trips. It is your decision.

  9. Marco says:

    Hello,
    I have some questions for you:
    1. I should apply for AOS a month after my arrival (because the wedding, etc). Do you think it’s better to wait to get the EAD before to apply for a state ID or I shoud do it as soon as possible after my arrival anyway?
    2. Is it needed to apply for an I-131 just if u will really travel outside the USA in a short time after the arrival or in any case? I will not travel outside the USA if not really needed. I mean, maybe my fiancée and I will visit some towns of my country outside the USA a year or later after our wedding. So, should I apply for an I-131 or not?
    What’s the expiration of an I-131?
    Will it be needed every time I will travel outside the USA until I will become a USA citizen eventually?
    Is it mandatory to provide a “Date of Intended Departure” to apply for it?

    Regards
    Marco

    • Hi,

      1. All applications for ID’s are tied to your I-94’s expiration, meaning they will expire on the same date as your I-94: State ID, Driver’s Licenses. Social Security Number, however, is the most important one. You should apply for right away because you might need those for insurances and such. State ID’s and Driver’s Licenses can wait till you have your EAD. Especially if there are any name changes. http://mrsprsn.us/SSN

      2. AP is always good to have. It is for emergencies. You won’t be paying for anything anyway if you apply for EAD and AP along with your AOS. So why not get it? Also, just in case your AOS takes longer than usual, and you need to go home to your country, you’d need AP. The expiration of I-131 is the same as EAD = 1 year from issuance. It’s your decision.

      You won’t become a US Citizen until after 3 years of marriage to your USC Spouse/Petitioner (and 3 years worth of tax returns). You will remain a citizen of your home country until then.

      If you’re still not a US Citizen, all you need to travel outside the US and your Green Card. Which brings me back to the point, what if your AOS takes longer than usual and you need to go out of the US for an emergency trip? Suppose you didn’t get an AP, and you still have no Green Card, you will not be able to travel outside the U.S. It’s a “safety net” more than anything.

      All fields on ANY USCIS form should not be left blank. (Unless otherwise noted.)

      http://mrsprsn.us/AOSWalkthrough
      http://mrsprsn.us/AOSChecklist

      Good luck!

  10. bheng says:

    hi mrs presson
    i just have some confusion on EAP..regarding on signing some paper work..on question number 16, which is “who may i file for i-765..” what should i put in there..still k1 or k3 since i am now married..hope you could help me with this
    thanks

    • K1 and K3 are types of visa (that is already been issued) and those doesn’t automatically change (and they never do) just because your civil status changed after U.S. Entry.

      You write whatever the type of visa you applied for, was issued to you, and was received by you.

  11. viwil says:

    Hi! I don’t have questions for now..I am just so happy to tell you that my AOS interview is done and approved.Right after my interview ,the consular/ interviewer gave me a guide form to remove my CR1 later and she told me to wait about two weeks for my green card,but when I check my status it says I will received by march..anyway I can wait.most important is that it is approved.
    My interview took around 30-40 minutes.Only one question asked to my husband about how we met,then most of the questions were about my personal information and my husband.Oh by the way I also received my EAD and AP combo card last Dec.20.just about 3months when I received my receipt of my application.
    Thanks for everything….
    Happy New Year!


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