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 Fiancé(e) Visa) Process Walkthrough

By Erika Presson
Last Updated: January 27, 2015


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.





As previously discussed, I-485 Adjustment of Status / AOS from a K1 Fiancé(e) Visa is very important because this process will allow you to become a Permanent Resident in the US. Well, for at least 2 years. This is called Conditional Permanent Residence.

After a successful AOS, the K1 Visa Holder will be granted a 2-year Permanent Residency Card or otherwise known as the “Green Card”. During the Ninety (90) days before the 2-year Green Card expires, you would have to file for I-751 Petition to Remove the Conditions on Residence and would then be granted a 10-year Green Card. But that’s further down the road. Let’s focus on Adjustment of Status (AOS), shall we?

Below, I will summarize the entirety of the Adjustment of Status / AOS process for everyone so that you all know what to expect when the time comes. You must note though, that at any point after sending in your AOS Package, USCIS may do the following:

  • Send you a Request for Evidence (RFE) if you fail to include any of the documents they require, or improperly accomplish forms. (Or at times, misplaced documents, that is why you need to prepare a duplicates of your documents just in case.)
  • Send you correspondence/updates through mail and/or Email/SMS Text Alerts. Email/SMS Text alerts happen when you send in Form G-1145 for your AOS Package acceptance and if you signed up on USCIS Website’s Case Status Tool, you will get process updates.

 

The whole Adjustment of Status / AOS (From a K1 Visa) can be summarized in 10 Steps.

 

  1. Gather your documents for your AOS Package.
  2. Send in your documents and wait for correspondence from USCIS.
  3. Wait for your Biometrics Appointment in the mail.
  4. Show up for your Biometrics / USCIS ASC Appointment.
  5. Receive EAD/AP Combo Card.
  6. Wait for further correspondence: Interview Date or Potential Interview Waiver
  7. Gather necessary documents for the Interview
  8. Show up for your AOS Interview.
  9. Wait for your 2-year I-551 Permanent Residency / Green Card in the mail.
  10. Learn your rights, responsibilities, and obligations as a 2-year Conditional Permanent Resident.

My Complete Timeline is available here: Mrs. Presson’s I-129F, K1 Visa, AOS Timeline

 

NOTE: The K1 Visa Holder must apply for this before the I-94 expires, or in some cases if they cannot file on time, file as soon as possible

***

 

1.) Gather your documents for your AOS Package.

The complete list of requirements are posted on this page: How to Prepare Your AOS Package: Forms, Requirements and Checklist »

Individually labelled AOS Package (AOS / EAD / AP) | How to Prepare Your AOS Package: Forms, Requirements and Checklist | ©2013 - onwards, Life As Mrs. Presson (www.mrspresson.com)

Individually labelled AOS Package (AOS / EAD / AP) | How to Prepare Your AOS Package: Forms, Requirements and Checklist | ©2013 – onwards, Life As Mrs. Presson (www.mrspresson.com)

This AOS Package you send out to USCIS includes forms and supporting evidences for the following forms. (Make sure to read the instructions carefully!) :

You also must decide whether to submit just the DS-3025 Vaccination Record that you got from your overseas medical exam, or if you are going to submit an I-693, Report of Medical Examination and Vaccination Record which is discussed here:

If you have a K2 derivative, they require separate payment and forms. Please refer to the USCIS.gov website for details.

Something to note: A K1 Visa Holder applying for AOS is not required to have another full medical exam despite being told by some Civil Surgeons. The explanation is found here.

Make sure you read all the instructions included on the USCIS.gov form pages. Also read the resources below:

2.) Send in your documents and wait for correspondence from USCIS.

 

If you’re using USPS Postal Service, send in your documents to:

USCIS
PO Box 805887
Chicago, IL 60680-4120

Or if you’re using express mail or another courier like FedEx, DHL, or UPS use this address:

USCIS
Attn: FBAS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

Tip: Adding a confirmation signature and tracking number to your package won’t hurt. At least you’d know that your documents are safely delivered.

If you sent in your G-1145, E-Notification of Application/Petition Acceptance with your AOS Package, you will receive an SMS/Text and/or Email that USCIS already has your documents.

G-1145 Acceptance Confirmation Email | Adjustment of Status / AOS (From a K1 Fiancé(e) Visa) Process Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

G-1145 Acceptance Confirmation Email | Adjustment of Status / AOS (From a K1 Fiancé(e) Visa) Process Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

About a week or two after sending out your AOS Package to USCIS, you will receive your I-797C Notice of Action / NOA 1 in the mail.

 

3.) Wait for your Biometrics Appointment in the mail.

USCIS will be sending you correspondence and instructions about which USCIS Application Support Center (ASC) you are going to take your biometrics in. It normally gets sent in just a week or so after your NOA1, when your paperwork is already in order. You’re lucky if you have an ASC near where you live. For me and my husband, It was an hour or so drive from where we are. He had to take a day-off from work to take me to the ASC in Fargo, ND.

You can also have your Biometrics Appointment rescheduled if need be, but I *hear* it takes a bit of delay. (Not confirmed.)

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

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

You will notice that the above I-797C only shows my biometrics appointment for I-485 (AOS) and I-765 (EAD/Work Permit). I-131 (Travel Permit) biometrics is not included in the notice because it’s essentially the same physical card (but not same purpose) as the EAD/Work Permit, hence it’s called an EAD/AP Combo Card.

 

4.) Show up for your Biometrics Appointment at the designated USCIS Application Support Center (ASC).

Bring the Appointment Letter with you and make sure you’re there at least 15 minutes earlier than your appointment.

  • Dress appropriately.
  • No electronics allowed.
  • Bring the necessary documents as detailed in  your biometrics appointment letter: Driver’s License / Photo ID’s / I-797C ASC Appointment Notice (Pictured Above)
  • Of course, don’t forget to bring your Passport, Marriage Certificate, and I-94.

Read on: Another Trip to Fargo: Biometrics for AOS & EAD

 

5.) Receive your EAD/AP Combo Card (if you applied for it along with your AOS) in the mail.

If you applied for I-765, Application for Employment Authorization (EAD / Work Permit) and I-131, Application for Travel Document (AP / Travel Permit), you will soon be getting the EAD/AP Combo Card in the mail about a month after you take your biometrics.

EAD / AP Combo Card | Work and Travel Permit; I-765 I-131 | © 2013, USCIS, Life As Mrs. Presson

EAD / AP Combo Card | Work and Travel Permit; I-765 I-131 | © 2013, USCIS, Life As Mrs. Presson

Read: Got My Work Permit! Up Next, Job Hunt! (EAD / AP Combo Card)

 

6.) Wait for further correspondence from USCIS: Interview Date or Potential Interview Waiver

Most people get a status update on the USCIS Website about their case being scheduled for an interview. The notice will later on be mailed to the AOS applicant.

USCIS Case Status: AOS Interview | Adjustment of Status (AOS From a K1 Visa) Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

USCIS Case Status: AOS Interview | Adjustment of Status (AOS From a K1 Visa) Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

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)

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)

The interview letter is standard for all I-485 AOS applicants regardless of immigration status / type of visa.

A Note to K1 Visa Holders: If you’ve only sent in a DS-3025 vaccination record with your application and did not send your I-693 Sealed Medical Record / Vaccination Transcription, do note that at the time of your interview you may or may not be required to submit the I-693 form. It all depends on your Immigration Officer which additional documents they would require of you.

If you don’t get an interview notice a few weeks after you receive your EAD/AP Combo Card, you might want to expect this Notice of Potential Interview Waiver Case to appear in your mailbox.

Interview Waiter Mail / Letter | Soooo... I got this "Notice of Potential Interview Waiver Case" in the mail today. | ©2013 - onwards, Life As Mrs. Presson (www.mrspresson.com)

Interview Waiter Mail / Letter | Soooo… I got this “Notice of Potential Interview Waiver Case” in the mail today. | ©2013 – onwards, Life As Mrs. Presson (www.mrspresson.com)

Read: Sooooo… I got this “Notice of Potential Interview Waiver Case” in the mail today.

 

7.) Gather necessary documents for the AOS Interview.

In the I-797C Notice of Action, AOS Interview Notice you will receive in the mail, it will list all the necessary documents you need at the time of the interview. Bring whatever’s necessary. Read your interview notice carefully. Some of these items are:

  • I-797C AOS Interview Notice
  • Government Issued ID’s: Passport, State ID, EAD/AP Combo Card,
  • Certified Copy of your Marriage Certificate
  • Form I-693 / DS-3025 Vaccination Record (if not previously submitted)
  • Form I-864, Affidavit of Support from each of your sponsors (if not previously submitted)
  • I-94, Arrival/Departure Document
  • Foreign Birth Certificate (Certified Translation in English if applicable)
  • Your Spouse’s Birth Certificate, Naturalization Certificate and/or U.S. Passport (Proof of Petitioner’s U.S. Citizenship)
  • Divorce/Annulment Decrees, Death Certificates of previous spouses (if applicable)
  • Evidences of Joint Assets, Bills, Accounts, Lease Agreements, Tax Returns, Insurances, etc. (Anything that shows you already have intermingled your finances/lives)
  • Evidences of Relationship like Wedding Photos, Family Gatherings, etc.
  • Police Report (if previously arrested), Original or Certified Final Court Disposition
  • Basically all the documents you’ve submitted for AOS, especially original copies of certificates and such if you only submitted photocopies in your AOS Package.

Again, read the instructions on your Interview letter carefully.

 

8.) Show up for your AOS Interview

It is required to have your U.S. Citizen spouse to be present during the interview. So you both will have to take a day off from work. Bring all the necessary documents as detailed in your Interview Letter, and don’t forget the Interview Notice itself. Some reminders:

  • Dress appropriately.
  • Bring your Passport, Photo ID’s, Certified Copy of your Marriage Certificate, items listed on your Interview Letter.
  • Show up at least 15 minutes before your designated interview time.
  • If you have documents that are in a foreign language, bring a certified translation.
  • Same as before, do not bring in electronics. Leave them in your car.

The interview itself shouldn’t be hard. The Immigration Officer will have to verify your documents and ask you questions that you should already know about your marriage. Kind of like the K1 Visa Interview.

 

9.) Wait for your 2-year I-551 Permanent Residency / Green Card in the mail.

You will get notices / alerts from USCIS on the Case Status Tracking that your AOS has been approved and you will get a USPS Priority Tracking Number too.

USCIS Case Status: I-485 AOS Approved | Adjustment of Status (AOS From a K1 Visa) Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

USCIS Case Status: I-485 AOS Approved | Adjustment of Status (AOS From a K1 Visa) Walkthrough | ©2015, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

USPS Tracker: Out For Delivery | I FINALLY got my Green Card! I-485 Adjustment of Status (AOS) Approved! | ©2014 - onwards, USCIS, Life As Mrs. Presson (www.mrspresson.com)

USPS Tracker: Out For Delivery | I FINALLY got my Green Card! I-485 Adjustment of Status (AOS) Approved! | ©2014 – onwards, USCIS, Life As Mrs. Presson (www.mrspresson.com)

Read: I FINALLY got my Green Card! I-485 Adjustment of Status (AOS) Approved!

 

10.) Learn your rights, responsibilities, and obligations as a 2-year Conditional Permanent Resident.

"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)

“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)

Congratulations! You are now a Permanent Resident of the United States of America. You can now let out a sigh of relief because that’s it for now. Relax and enjoy a paperwork-free 2 years in your life. Haha. Meanwhile, read these important items:

Last Reminder: Remember, mark your Calendars! During the Ninety (90) days before your 2-Year Green Card expires, you MUST file for I-751 Petition to Remove the Conditions on Residence in order to remain a permanent resident.

 



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34 Comments

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


  1. Delia F.Bemus says:

    Hi Erika,Thank you so much for this blog..it helps me a lot of things regarding of my AOS.
    I arrived here in U.S.last June 27,2017 as K-1 visa and got married after a month..however upon my arrival,i was not given a I-94 form.. and in the form I-485,there are 3 portion to fill in with my I-94 number.could I leave those 3 questions as I do not have my form I-94 and proceed to send my AOS forms?
    thank you so very much..more power and GOD bless you mightily..
    looking forward to hear from you,
    Delia

    • No, you have to have your i-94 information. And you HAVE to have your i94 with you and your passport at all times as it is your ONLY document of legal presence in the US.

      You haven’t read the blog in its entirety. I have included instructions on where to get your i-94 because it will NOT be given to you. This is your responsibility to retrieve it from the CBP Website. http://mrsprsn.us/i94

      Read and follow instructions to the dot. Especially with processes like these.

  2. Enda says:

    Hi Erika, thank you so much for this blog. It’s really helpful and so much information here! I would like to share my experience here:
    I am from Indonesia and now living in MInnesota. I came in April 2016 with K1 visa, married in mid April and soon applied adjustment of status I-485, EAD and Advance parole.
    I got my social security number in May, I applied earlier so I can open bank account here.
    Got letter for biometric in May too.
    I never drive before so I gotta learn to drive here, I took a test and got a driving permit so you can practice driving with someone who has license. You can get driving test and license after 3 months, if you are ready.
    Got RFE letter in June asking to submit form I-864 Affidavit of Support. I sent the wrong form I-134! Then I sent it without the letter as required, made me mad to myself because it’s delay almost a month :(
    Finally I got my combo card end of July, start working in August and today I got approval notice of I-485, yay! I think I am lucky too that there’s no interview. No waiver letter too. They will send me the card within 3 weeks.
    I love to meet you someday :)

  3. Roxanne says:

    Hello mrs presson,

    Thank you for the blog it was my guide to process the AOS.. I received the notice for AOS and the i131. But i didnt receive any approval or notice for the EAD. I Filed the three forms together. I read the USCIS and it says there that i need to send it in a different address and pay certain 380$? Please advise. Thank you

  4. Manny Rendon says:

    I just want to thank you for an amazing job. Most comprehensive website out there with every detail.

    Keep up the good work and congrats to you guys

  5. Princess Matias says:

    Hi Mrs. Presson. You’re blog is very helpful. I’m currently using it as my guide since I arrived here. I would like to know if I can apply for the EAD/work Permit before I apply for AOS? I’ve been here inbTexas for a week and I want to start working. Would that be possible?

    • You can, but you’d have to pay the EAD filing fee.

      To waive the fee, you have to apply for EAD WITH your AOS. Not before. The EAD and AP is FREE if you file it with AOS.

      You have to file AOS, that’s the most important thing.
      You have to adjust your status from nonimmigrant to permanent resident after marriage – meaning you have to make your stay here in the US LEGAL, because when your I-94 expires, you have no legal paperwork that can support your legal presence in the US. This is non-negotiable.

  6. Camille says:

    Hi Mrs. Presson, I’m just wondering how long did it take for your green card to arrive? Thank you so much!

  7. Ray says:

    After the I-485 package is submitted to USCIS, how long does it take to receive email/text message indicating the application has been received?

  8. love says:

    Hello Ms erika ,,Im a big fan of yours and I have successfully completed my K1 visa process wi th the help of this site and your fb group,and of course google,,tHank you,,
    Now i am almost 4 months here in the US and midway through my AOS process,,I am scheduled for biometrics appointment this 25th of May but my husband cant get off work early during the said day,the knly available time that I have is Monday or Tuesday which is 1-2 days before that,my in laws will be driving then for me,,,

    My question is Can i go there as walk in?i dont want to reschedule my appt cuz i know it will take few more weeks after my request,,,

    Hope you can enlightenmen me on this matter,,Thank you Ms ERika

    • If you’ve read your biometrics appointment letter, it is noted there that you need to show up at that particular date and time because that is the one that is scheduled for you. By not going to the specified date and time, you are risking not being able to be served for your biometrics.

      If the USCIS field office allows you to walk-in, good. If they don’t, then tough luck. This all depends on the field office and if they are willing to let people walk-in.

      You also must remember: If you don’t get to have your biometrics done, your case will be considered abandoned. This can be detrimental to your case, and USCIS can start removal proceedings if a case is abandoned. Removal Proceedings = Your case will be reviewed and you COULD be sent home to your home country.

      There are hundreds of thousands of petitions and cases that a field office handles, not just yours. Following the scheduled date and time is respecting USCIS’s processes, USCIS employees’ time, and other applicant’s scheduled slots as well.

      No one on the internet can tell you what the USCIS Field Office would allow. Processes change over time. Every case is unique. They have rules that we must follow.

  9. Emma K. says:

    Hi Mrs. Presson,

    Per checking of my AOS status in USCIS, it says already “approved”. However, I have only been called for biometrics. I have not received any notification that my interview was waived or anything. In my case status website, it moved from ‘application received’ to ‘approved’. Does this mean I won’t called for interview anymore? Does this mean next step is the issuance of green card already?

    Thanks for your help

    • It can mean 2 things:

      (1) It was approved without an interview.
      (2) It’s a glitch.

      It’s always best to wait for official USCIS Correspondence in the mail. We can’t assume anything unless there’s no physical mail.

  10. sai says:

    Thank you Mrs. Presson. I am just worried, anyway your blog iss so helpful. Again, thank you. Godbless.

  11. sai says:

    Hello Mrs. Presson. Last March 2015 we filed my AOS and we had so many problems, we got 2 Rfe’s and that’s the reason why my papers got delayed. And finally last tuesday I received only the approval notice of my employment authorization and nothing for my travel document. And today I received my combo card in the mail. I just wanna ask this, do they still mail the approval notice of my travel document as what they said when I checked my status since I already got my combo card? And when you received a combo does that mean the USCIS is now processing my papers, and either I get letter for interview or waiver?.Thank you.

  12. Leah says:

    Hi mrs. Presson . I have a question .. I already recieved my EAD combo card and my AOS interview would be on the 3rd of Dec this year. and my husband and i is planning to go to the PH in January next year. the question is can i safely go back to ph with my husband and my baby. Cause i am afraid they wont let me fly back to the u.s by the time i get to DHS checkpoint haha. Thanks Mrs. Presson

    • You have to wait for your GC to be delivered to you before you leave the U.S.

      The Green Card supersedes your EAD. Once you have your interview, you will be asked to surrender your EAD.

      Also check the USCIS Website for information about traveling with a Green Card.

  13. Gala says:

    Hi, I have a question regarding my AOS. I had my biometrics taken last Aug. 21 2015. Then I checked my case status online today Aug. 26, 2015 and it says that Notice Was Returned To USCIS Because The Post Office Could Not Deliver It. I was wondering which notice is that one and what should i do regarding this situation. Thanks

  14. Jo Ann says:

    Hi Mrs. Presson,

    How are you? I just have a couple questions since my AOS is currently in process. I received I-797C notice receipts for Registration of Permanent Resident, Travel Document, & Employment this week. I believe my biometrics will come next. I don’t have a SSN and driver’s license yet and I’m applying for both next week.

    So my first question is: I got married last month(June) and I’d like to know what would be the documents needed in applying for SSN & driver’s license? Btw, I already know how to drive since I was still in the Philippines.

    My second question…I’m based here in Washington State and would like to know if there’s any specific required documents in every state?

    I appreciate to hear your answers to my questions. Also, feel free to add anything that I need to know regarding AOS in process.

    Thank you.

    Jo Ann

  15. Hilary says:

    Hi Mrs. Presson, Thank you ever so much for providing your blog it has helped us with our entire K-1 visa application! I received the employment card recently, but did not file the I-131 as just completely missed that to be honest. Am I allowed to leave the States to visit my home in England and return or do I need to apply for this travel document first? Thanks for your help

    • Hi,

      You are not allowed to leave the U.S. until you get the permanent resident / green card. I-131’s / AP’s are only used for emergency purposes, not for vacation.

  16. Jam says:

    Hello Mrs Presson. I would to thank you for the help that you’ve given us through your blogs and posts in Facebook. I started following your blog ever since the beginning of our I-129F Petition and now, I am now officially a Permanent Resident here in the US.
    God bless you and your marriage. Stay happy and you’re really helping all other Filipinos in their journeys. Thank you so much ma’am.
    – Jam

    • Thank you so much for your kind words! And you’re welcome.:) Glad to know I have helped you in your processes. Congratulations! :)

      P.S.
      I will be updating the blog later this year / early next year to include “Removing of Conditions”, another USCIS process that we all have to go through before the 2-year Conditional Permanent Resident Card (Green Card) expires. Do check back for that. :)

  17. sarah says:

    Hello again,

    Thanks for your fast reply.

  18. Sarah says:

    Hello Erika,

    What if my I-94 expires before we can send the AOS package, will it affect my status here in the US?

    • You *can* send in your AOS after your I-94 expires. I’ve heard stories like that and they were fine. But that doesn’t mean people can delay it further. You’re most likely to be asked by the Immigration Officer during the interview stage why you submitted your AOS late. But that’s about it.

      Everyone should file for AOS as soon as possible.


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