K1 Visa: Adjustment Of Status

Adjustment of status refers to the process undertaken by a foreigner living in the United States in order to acquire permanent residency. This, however, requires as a prerequisite the holding of a K1 visa. Therefore, if you are an American citizen with a Filipina fiancée, she must first obtain said K1 visa.

Required forms

1. Form I-485
2. Filing fee
1. Applicants who are 14 to 79 years old need to pay $1010.
2. For applicants who are below 14 years old and are filing with their parents, $600 is required.
3. For applicants who are filing without their parents and are below 14, they need to pay $930. The same amount goes for 79-year-old applicants.
3. If you have been illegally staying in the United States, but are governed by old laws which allow an adjustment of status, a penalty of $1,000 is required.
4. Form I-485 A (applicable for those who are required to pay the $1,000 penalty)
5. Form G-325 A
6. Form I-765 – This form is optional. You can get this if you are planning to secure a work permit. This requires a different fee which amounts to $340.
7. I-131 -This form is also known as the Application for Travel document. You may need it in case your Thai fiancée wishes to travel outside the United States. Similar to Form I-765, such filing requires a distinct fee of $170.

Required documents
*Documents written in foreign language must be translated.

1. Provide a copy of your I-360 approval notice
2. Proof of your eligibility
3. Copies of your birth certificate along with your accompanying relative
4. Submit a marriage certificate only if you are married
5. Copies of death or  divorce certificates for widows/widowers and divorcees
6. Copy of the I-94 card. Front and back copies should be submitted. The same rule applies for the accompanying relatives.
7. Six (6) passport photos of the applicant and the accompanying relative.
8. The applicant and the accompanying relative need to submit a medical exam report or form I-693. Form I-693 is filled out by the USCIS-certified doctor and placed in sealed envelopes. Usually, this amounts to $150 per exam.

Benefits
The adjustment of status of your Filipina fiancee can benefit both of you in several ways:

1. Your fiancee is permitted to stay in the United States even if the petition is still ongoing and while waiting for the immigrant number’s release.
2. Your fiancée is also allowed to work.
3. A police clearance is not needed.
4. Denied applications can be appealed without leaving the country.
5. Fiancees who are qualified for an adjustment of status do not need to go outside the United States to obtain an immigrant visa.

Other reminders
Once you have gathered all your forms and documents, it would be best for your Thai fiancée to prepare for the interview. Also, in processing the application, seek legal help and assistance.