Adjustment of Status / AOS (From a K1 Fiancé(e) Visa) Process Walkthrough
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.
- Gather your documents for your AOS Package.
- Send in your documents and wait for correspondence from USCIS.
- Wait for your Biometrics Appointment in the mail.
- Show up for your Biometrics / USCIS ASC Appointment.
- Receive EAD/AP Combo Card.
- Wait for further correspondence: Interview Date or Potential Interview Waiver
- Gather necessary documents for the Interview
- Show up for your AOS Interview.
- Wait for your 2-year I-551 Permanent Residency / Green Card in the mail.
- 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)
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:
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:
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)
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)
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
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)
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)
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)
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)
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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