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How to File Your Conditional Resident Status Based On A K1 Visa

By Edited Jun 9, 2016 0 0

When the foreign fiance or fiancée enters the United States through the K1 Visa, he or she is given 90 days to get married to his or her American petitioner. After the marriage takes place, the next thing that they're going to do is file an application for the conditional residency or the adjustment of status for the alien spouse.



things you'll need:

  • Pertinent Forms like G-325A, I-864, I-485
  • Passport-sized photos (2)
  • A completed I-693A vaccination supplement
  • Proof to support your documents
  • Filing Folder
    • 1

      Search online for the official website of the US Citizenship and Immigration Services: www.uscis.gov/forms so that you can download all the latest available forms. These forms are generally free for download.

    • 2

      Read the instructions first before filling up the forms. Make sure to include your signature at the bottom of these forms as well as the date when you accomplished all the important forms.

    • 3

      Fill-up all the required forms and then print them. These forms are the G-325A (Biographic Information), I-864 (Affidavit of Support) and I-485 (Application to Register Permanent Residence or Adjust Status). Some applicants prefer handwriting when filling-up these forms and they'll use a pen with blank ink but it is good to check first if this is still allowed based on the instructions.

    • 4

      Collect all the required supporting documents and place it in a folder like copies of birth certificates for you and your spouse (with certified translations, if it is not written in English); copies of your American spouse's recent Income Tax Return and W2, two passport-style colored photos of each of you taken within 30 days; a copy of your K-1 fiance or fiancée approval notice; original copy of your marriage certificate; and a copy of your I-94 card (front and back). 

      The evidence can include birth certificates of any children born within the marriage, records of joint finances in a bank, mortgage or lease agreement and records of joint property owned. You will need to submit a G-325A Biographic Information form for yourself and one for your spouse. 

      You will also need to submit an I-130 Petition for Alien Relative, which requires one passport style picture and some evidence of your life together being as a married couple. You'll also be required to submit a completed I-693, this is a report of your medical examination and vaccination record performed by a US civil doctor who has been approved by the USCIS. If you're examined for the Non-immigrant Visa just within one year of filing your adjustment of status, you only need to submit the vaccination supplement, not the whole medical examination. 

      The last form to submit is the I-864 (Affidavit of Support). This affidavit must be submitted by the American spouse. Remember that if the American spouse does not meet the financial requirements, then he or she will have a joint sponsor. The American spouse shall include his or her financial records like recent Income Tax Return and W2 as well as all the details included on the instruction sheet.

    • 5

      Recheck all of your pertinent documents and try to make copies of everything for your own reference.  Read the instructions carefully for each form that you'll be filing to avoid any delay in your application. 

    • 6

      Pay the current filing fees and include money order or check payable to the Department of Homeland Security. You can mail everything through certified mail to the processing center for your state based on the instructions found in Form I-485. 

      You'll receive an official notice from the USCIS by mail when they receive your application and they will give you a case number that you can use to constantly check the status of your case online at https://egov.uscis.gov/cris/jsps/index.jsp or you can also check it by calling the National Customer Service Center: (800) 375-5283. 

      You should also receive an appointment with instructions of when and where your biometrics will be taken. You'll be assigned to go to a designated service center listed in your appointment and this is the place where your photographs and fingerprints will be taken.

    • 7

      Prepare a clean cover letter for your Conditional Resident Status Application. List all the important forms including all of the supporting documents that are attached to it then make sure to sign and write the date on the cover sheet. You can send this well-sealed package to the U.S. Citizenship and Immigration Services addressed to the nearest USCIS office in your state.

Tips & Warnings

  • The USCIS will try to process your paperwork once you submitted your package to them and they will contact both of you for an interview. This will take time so you need to be patient but once your application is approved, you'll be granted Conditional Permanent Resident Status.

  • You no longer need to file for I-765 (Application for Employment Authorization) if you plan to work in the US because once you'll receive your temporary Green Card, you will be allowed to work. You can also check the USCIS official website for an update of this policy since they may also change it from time to time.

  • You may file For I-131 (Application for Travel Document) if you have a plan to leave the country before you'll be granted the conditional resident status. This official form requires you to submit 2 passport-style photos, a copy of your photo ID based in the instructions given in the official form.

  • Always check online for their latest forms, current news and guidelines that is posted at the USCIS website and when you start filling out these official forms, make sure that you had read first all the instructions that were listed before you decide to send your application. 

    Go to the website again to clarify the given instructions so that you'll be sure that you're doing the right thing. There are some applicants who had been tired of reapplying since they were not able to comply with the proper instructions that were given by the USCIS. Since there are so many applicants, those applications with lots of errors and flaws will easily get rejected. 



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