What is K-1 Visa Adjustment of Status?
A K-1 visa adjustment of status allows a foreign fiancé(e) of a U.S. citizen to become a lawful permanent resident, or green card holder, after marriage. This process for a marriage green card must be completed before the 90-day K-1 visa expiration.
Key Benefits of Adjusting Status from a K-1 Visa:
- You can stay in the U.S. legally after marriage.
- You don’t have to leave the U.S. for consular processing.
- You can apply for a work permit (EAD) while waiting for your green card.
- Your path to U.S. citizenship starts earlier.
K-1 Visa Adjustment of Status Step-by-Step Process
Adjusting your status from a K-1 visa to a marriage-based green card involves several key steps, each requiring careful attention to detail to avoid delays or denials. Below, we break down each step in detail to help you successfully navigate the K-1 visa adjustment of status process.
Step 1: Get Married Within 90 Days
A K-1 visa holder must marry their U.S. citizen sponsor within 90 days of arrival. Planning a wedding during the K-1 visa process can ensure that you are married within the 90-day period.
If the marriage doesn’t happen within 90 days, the visa holder must leave the U.S. immediately or risk deportation.
Step 2: Gather Required Documents
After marriage, you must file Form I-485 (Adjustment of Status) with the U.S. Citizenship and Immigration Services (USCIS).
Required Documents for K-1 Adjustment of Status:
- Form I-485 – Application for Adjustment of Status
- Form I-864 – Affidavit of Support (Sponsor must prove financial support)
- Form I-693 – Medical Examination and Vaccination Report
- K-1 Visa & I-94 – Copy of the K-1 visa stamp and I-94 arrival record
- Marriage Certificate – Official proof of marriage
- Birth Certificates – Both spouses’ birth certificates
- Passport & ID – Copy of foreign spouse’s passport
- Financial Documents – Tax returns, W-2s, and pay stubs to prove financial sponsorship
- Proof of Bona Fide Marriage – Wedding photos, joint bank accounts, lease agreements, utility bills, etc.
Make sure to provide as much evidence as possible to prove a real marriage and avoid delays.
Step 3: Submit Your Adjustment of Status Application
Where to File: Mail the complete I-485 Adjustment of Status packet to the appropriate USCIS service center.
Fees for K-1 Visa Adjustment of Status (2025):
| Application | Cost (USD) |
| Form I-485 (Adjustment of Status) | $1,440 |
| Biometrics (Included in I-485 Fee) | $0 |
| Work Permit (I-765) – Optional | $260 |
| Travel Permit (I-131) – Optional | $630 |
| Total Cost | $1,440 – $2,070 |
If you plan to work or travel abroad, file Forms I-765 (Work Permit) and I-131 (Travel Permit) with your I-485.
Step 4: Attend the Biometrics Appointment
What Happens?
- USCIS schedules a biometrics appointment at an Application Support Center (ASC).
- The applicant provides fingerprints, a photo, and a signature.
- FBI background checks are conducted.
The biometrics appointment is typically scheduled 2-4 weeks after filing. Missing your appointment can delay your green card.
Step 5: Attend the Green Card Interview
What Happens?
- USCIS schedules a marriage-based green card interview.
- Both spouses must attend in person.
- The USCIS officer will ask questions about your relationship.
Common Interview Questions
- How did you meet?
- Where was your first date?
- What’s your spouse’s favorite food?
- How do you spend weekends together?
- Can you describe your wedding?
Be sure to bring original documents and additional proof of your relationship. Examples include a certified marriage certificate, new photos, financial records, etc.
Step 6: Receive Your Green Card
If Approved:
- Your spouse will receive a conditional 2-year green card.
- See CR-1 visa for more information.
Potential Issues:
- USCIS may issue a Request for Evidence (RFE).
Consult one of our immigration attorneys for more information.
Step 7: Remove Conditions on Your Green Card
After 2 years, file Form I-751 (Petition to Remove Conditions on Residence) to receive a permanent 10-year green card.
Failure to file Form I-751 before your green card expires could result in losing residency status.
Why You Should Hire an Immigration Attorney for K1 Visa Adjustment of Status
Navigating the K1 visa adjustment of status process can be complex, especially if there are missing documents, delays, or past visa issues. Our experienced immigration attorney can help ensure that all forms are correctly completed, deadlines are met, and your case is presented in the best possible light. Hiring our attorney can significantly reduce the risk of delays, RFEs (Requests for Evidence), or denials—saving you time, stress, and potential reapplication fees. If you or your fiancé(e) need assistance with your adjustment of status, our legal team is here to help.
Call us today at (213) 375-4084 for a case review or visit our contact page to fill out our form.
K-1 Visa Adjustment of Status FAQ
Can I Work While Waiting for My Green Card?
Yes! You need to file Form I-765 (Employment Authorization Document – EAD) with your I-485 application.
Can I Travel While My Adjustment of Status is Pending?
No, unless you file Form I-131 (Advance Parole) before leaving the U.S.
What Happens If My Marriage Ends Before I Get a Green Card?
If your marriage ends before filing I-485, you must leave the U.S.
If your marriage ends after filing I-485, you may still qualify for a green card if you prove the marriage was genuine. You should consult with an attorney if this is the case because there are several important factors to consider.
How Long Does K-1 Visa Adjustment of Status Take?
The processing time for a K-1 visa adjustment of status is around 10-18 months but varies by USCIS workload. Review current USCIS processing times on their website for up-to-date estimates.
Do I Need a Lawyer for K-1 Visa Adjustment of Status?
While it is not required, it is highly recommended to hire an immigration attorney. An attorney can help prevent issues and ensure all documentation is filed correctly. Our attorneys can help. Call us at (213) 375-4084 to discuss your case.
