by Art Saborio
Did you know that upon arriving to the U.S. on a K1 Visa, a foreign fiance/fiancee arrives as non-immigrant? This person MUST also go through the adjustment or change of status in order to become an U.S Immigrant Permanent Resident. This will get the fiance/fiancee a resident green card. This green card is good for two years. After that time the U.S Permanent Resident must apply for the adjustment of status again. Yet this time all conditions are removed. After three years of being married the resident immigrant can apply for citizenship or wait five years to apply for citizenship without being married.
The process in itself is messy. Often more stressful and confusing than the K1 Visa process. It does take some time and know how to get through the entire process. It is not recommended to go at it alone.
The main form for this process is the immigration I-485. There are a number of other documents that need to support the I-485. The immigration K1 Visa is the process that needs to precede the I-485. It is important to not throw anything away after completing the K1 Visa. There are supporting documents and notices from the USCIS that are required for the Adjustment of Status. If you discard the work you did on the K1 Visa, you will have a tough time completing the Adjustment of Status Change I-485.
When you are approved for the I-485 adjustment of status, you will be granted an I-551. It looks like a credit card and gives you the right to reside in the United States on the condition that you reapply within two years. This is your green card. You can now go off and get yourself a bank account etc.
Keep in mind that the resident green card is not citizenship. Citizenship can only be granted after being a resident for five years or being married to a U.S Citizen for three years.
If you want to work, then you will need to apply for the I-765. When approved, you will receive a credit card looking piece of information that will grant you the right to work in the U.S.A. It also gives you the right to receive a social security number. The “authorization to work” card generally expires one year from approval.
The immigration I-485 Adjustment of Status process is complicated. I feel that it is much more complicated than the immigration K1 Visa. It is used not only for the K1 Fiancee Visa/K1 Fiance Visa but it is also used for a relative immigrating to the U.S.A. As you can imagine combining both processes into the same work instructions can get complicated and it is easy to forget or submit the wrong information.
For example, there are three ways to submit verification of finances. Yet submit the wrong form and you could easily be denied. If you are strapped for money and can’t afford the two to three thousand dollars to retain an attorney, it is best not to go through this process alone. Find a low cost alternative. You will avoid denials. In the long run, that little bit of money you paid through the low cost method will pay for itself.
