Fiancee Visa Kit

  Status Adjustment

Adjustment of Status: The I-485 Form. This is the most comprehensive of immigration forms as it grants a "green card" and eventually complete citizenship. Citizenship is a lengthy process, also known as naturalization. Once complete, your spouse can become a host for their family to apply for citizenship and come to the US as well. This process takes a tremendous amount of time but for those wishing to make a better life for themselves and their new in-laws, it is good to know this ability and right is present. The complete package requires the following forms:

• I-485,Application to Register Permanent Residence or to Adjust Status
• G-325ABiographic Information
• Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
• I-864,Affidavit of Support
• I-693,Medical Examination of Aliens Seeking Adjustment of Status
• All required supporting documentation as listed on the above forms.

There will be a requirement for more immigration photos and the affidavit of support generally includes a letter from your bank and your employer detailing your ability to meet the financial obligations of supporting your spouse.

Another Medical Exam?

If your spouse’s medical examination for their Fiancé Visa was done in the last year, they DO NOT need to go through the entire exam again. Once that year period has passes, a full exam will be required with the application.

If you can file before the year expiration, then your spouse will only need to include an immunization update with the adjustment of status package. This will still require a visit to the Designated Civil Surgeon, but the cost for an update is MUCH less than a full examination. The Surgeons will not tell you these facts as they see many patients with differing needs. So you will need to tell them these details.

Your spouses immunization record will need to be translated into English before your visit. For translation services, we recommend American Experience, an Orlando based translation service that provides certified translations in several languages. You can send your documents

When Do I need to file the adjustment of Status?

This is a popular question as people get nervous about their legal status in the United States after the K1 Visa expires. The USCIS will tell you, you should file as soon as possible. However, as long as you and your spouse married prior to the expiration of the K1 Visa, you can take as long as needed to gather documents and funds to apply for an adjustment. During the time between the expiration of the K1 and obtaining a receipt (called a 797 Form) for filing for adjustment, it is a good idea to place a copy of the marriage certificate in your spouses Passport. This will show the requirements for the K1 were met.

Note: Marriage does not automatically grant your foreign spouse the right to work, or the ability to reenter the US border should they take a trip outside the United States. Read about Employment Authorization and Advanced Parole on this site to get more information.