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How to File A Permanent Resident Status Through K-1 Fiance or Fiancee Visa

By Edited Nov 13, 2013 0 0

Permanent Resident Status Through K-1 Fiance

After you had married your American petitioner, you need to file for your adjustment of status based from your K1 Fiance that has been approved. If United States Citizenship and Immigration Services also known as USCIS approves your petition, you will receive a Conditional Permanent Resident Card but in order for you to become a permanent resident then you must file an application to remove the "Conditional" status during the 90-day period prior to the two-year anniversary of the issuance of your Conditional Green Card.

If you can't file your Permanent Resident Status then this will expire and you will be deported by not following Immigration Laws. It is important to file these pertinent papers and keep certified copies for your own reference.

Difficulty:
 
Moderate

Instructions

Things you'll need:

  • Money to file for Application Fees
  • Recent version of Form I-751
  • Supporting Documents
  • Folder
  • Big Envelope
    • 1

      Search for the official website of the USCIS: www.uscis.gov/forms and download the latest I-751 Form. You may check the resources below for the official I-175 form including the instructions attached coming from their official website. Follow the instructions before filling-up the form. The purpose of this form is for the conditional resident who obtained status through legal marriage to apply to remove the conditions on his or her temporary residence. The number of pages for this form is 5 and the instructions is 7. Check for the latest edition date which is 04/11/13 as of this writing. The USCIS will accept editions dated 01/12/11 and later until June 15, 2013. After June 15, 2013, they will only accept the 04/11/13 edition.

    • 2

      Make sure to include your signature at the bottom of the form and write the date. You also need to check the "edition date" of the form that you're using because prior revisions are not accepted. Fill out the boxes carefully in the recent version of Form I-751 also known as Petition to remove Conditions on Residence. You can type or print the form using a black ink.

    • 3

      Prepare your supporting documents within the 90 days given prior to the two-year anniversary of your stay. The supporting documents that you'll need with this petition will include a clear copy of your Permanent Resident Card and evidence of your relationship in order to support USCIS in processing your petition. 

      The evidence of your relationship can include, but is not limited to, birth certificates of children born in the marriage, joint tenancy or lease or joint ownership of assets, joint mortgage records or agreement, Tax returns, joint policies of medical, life and car insurance, and joint financial records.

      Remember that you should include a copy of the Receipt Notice that you had received from them with any of the above supporting documents that you will also submit. You need to gather all these necessary documents in advance so that you will be ready by the time that you need to apply for the removal of your conditional status. 

      In some cases, you may need an affidavit or another document that needs time to be submitted so it is advisable that you are ready with your important papers four to six months before your conditional status will expire. Prepare to write and print a cover letter that simply describes what type of documents you are sending to them in your application package. Make sure that your application package is neat and the documents are well arranged inside.

    • 4

      Check everything then place all your important documents in a folder and place it inside a big envelope because this will serve as your I-175 application package. Remember to insert all supporting papers including all the evidence to show that your marriage is legal and genuine.

    • 5

      Mail the completed I-175 application package to the USCIS. Include a check or money order payable to the US Department of Homeland Security for the current filing fee which is $505 (You need to add $85 biometric fee for a total of $590, where applicable. Kindly see the form instructions for the payment details.) 

      There are special instructions that you need to take note on filing the fee such as the base petition plus $85 biometric services fee for all conditional resident applicants. Every conditional resident child listed under Part 5 of this form who is a dependent seeking to also remove their conditional status, then you are required to submit an additional biometric services fee of $85, regardless of age.

      These fees may change anytime so try to check for the current fees found in their official website. You can send your application package to the processing center for your state found on the instruction sheet of the form. These are very important documents so it's advisable to send it through a certified mail. Never send Change of Address Requests to the USCIS Lockbox facilities.

      Places where to File :

      All applicants should file Form I-751 at the USCIS California Service Center or the USCIS Vermont Service Center, depending on where they live.

      If you live in Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming, file with the California Service Center at:

      USCIS California Service Center
      P.O. Box 10751
      Laguna Niguel, CA 92607-1075

      If you live in Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, and West Virginia, file with the Vermont Service Center at:

      USCIS Vermont Service Center
      75 Lower Welden Street
      P.O. Box 200
      St. Albans, VT 05479-0001

Tips & Warnings:

 

  • You will receive a receipt notice with your case number and use this number to check the status of your case online at https://egov.uscis.gov/cris/jsps/index.jsp or by calling the National Customer Service Center at (800) 375-5283. This notice will also serve as a one year extension on your Conditional Permanent Residency status since the card might expire before they finished processing your petition.

  • The I-751 Form type shall be listed as "CRI89" under the application type in the USCIS case status in the on-line tool.

  • You will also receive a notice of your next biometrics appointment. Once your petition is approved, you will receive an approval letter, and shall receive a new Permanent Resident Card within 60 days of the letter. You shall be considered a Permanent Resident as of the date you were initially granted Conditional Permanent Resident status.

  • Once that your application is approved, you will receive your new 10-year green card through the mail. You need to renew this card every 10 years unless you'll apply and be granted to become a US Citizen.

  • You don't need to submit an affidavit coming from friends or family members who knows you and your spouse especially if you already have a child within the marriage. Just prepare the other supporting documents needed for your application mentioned in step 3 of this article as evidence of your relationship .

  • Make clear copies of all the documents that you will submit to them for your own records.

  • Some applicants may be called for an interview but they will also officially mail you an appointment letter for the exact date and time in case you'll be selected to undergo an interview.

  • File your application within the 90-day window period. If you file it too early, they will just send back your application or if you file too late, there may be penalties involved. Make sure to find out the exact expiry date of your permanent residence card. The K-visa or K-V categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were made to speed up the immigration process for these individuals so they could travel more quickly to the US. 

  • Letting a fiancé(e) and his/her accompanying minor child or children to be admitted to the US as nonimmigrants, a fiancé(e)s can be spared for a stressful and long separation from their intended spouse, while ongoing their processing for an immigrant visa after the marriage takes place.

     

  • If you become a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents. You may petition your unmarried children under 21 or unmarried son or daughter of any age.

    You could obtain a green card for your family member, if you canfile Form I-130, which is also known as Petition for Alien Relative, provide proof of your status to demonstrate that you are a permanent resident, and submit evidence of the qualifying relationship such as a birth certificate. You can view the form instructions for specific documents required.

  • You also need to submit proof of any legal name change for you or your family member (the beneficiary). When your relative is already in the United States legally, he/she could apply to adjust status to become a permanent resident after a visa number becomes available using the Form I-485, Application to Register Permanent Residence or Adjust Status.  If your family member is outside the US, your petition will be sent to the National Visa Center (NVC). They will forward your filed petition to the appropriate U.S. consulate when it becomes available and your relative will be informed on how to proceed and this method is referred to as “Consular Processing.” Your relative’s preference category will determine how long he or she will have to wait for an immigrant visa number but once you have filed the petition, you can check its progress on “Check My Case Status”.

* Please take note that a petition (Form I-130) is only used to show a qualifying relationship. You have to keep  in mind that even if you have an approved petition, it "does not" grant any benefit other than to make a position in line for the processing of the said visa. 

Resources/References:

USCIS Official Form I-751, Petition to Remove Conditions on Residence

USCIS Instructions for Form I-751, Petition to Remove Conditions on Residence 

 

 



 

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Bibliography

  1. "USCIS Official Form I-751." USCIS Official Form I-751, Petition to Remove Conditions on Residence USCIS Instructions for Form I-751, Petition to Remove Conditions on Residence . 11/04/2013 <Web >
  2. "Instructions for Petition to Remove Conditions on Residence Department of Homeland Security." Instructions for Petition to Remove Conditions on Residence Department of Homeland Security USCIS. 11/04/2013 <Web >

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