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Adjustment of Status

Once you have married your fianceeUS Embassy in the United States within the 90 day period you have to adjust her status and file for an adjustment of status. This will allow her more rights in the United States and is in fact a Green Card. See the rest the article for more details.

Adjustment of Status

Those who arrived in the US as a fiancee on a fiancee visa or a K1 Visa once they get married have to have their status adjusted. Applications I-485, I-765 and I-131 should be mailed directly to the Chicago Lockbox instead of submitting them to their District Office at the following address:

U. S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120 or

EFFECTIVE DATE FOR THE FOLLOWING STATES:

DECEMBER 1, 2004
Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, as well as the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.

APRIL 1, 2005
Alaska, California, Idaho, Iowa, Kansas, Maryland, Missouri, Montana, Nebraska, New Mexico, Oklahoma, Oregon, Texas, and Washington.

You and your now-spouse must file the following MAIN items with the U.S. Citizenship and Immigration Services:

  • Application for Alien Relative (I-130) (not necessary for K-1 applicants);
  • Application to Register Permanent Residence (Form I-485);
  • Biographical information (Form G-325);
  • Medical Sheet not required, if Spouse has had a medical exam based in K-1 visa;
  • Two color photos taken within 30 days;
  • Evidence of inspection or parole into the US (Form I-94);
  • Affidavit of Support (Form I-864 with supporting documents);
  • Authorization for employment (Form I-765)
  • Travel Parole (Form I-131)

Travel permission that will allow her to depart and re-enter the U.S.

In this situation, she would be denied re-entry to the U.S. and would have to remain outside of the U.S. while her American spouse filed for a spousal visa (K3 Visa).

  • The first “Green Card” received will be a temporary card that makes the Spouse a Conditional Permanent Resident of the United States. She must file an application to remove the “Conditional” status during a 90-day period prior to the two-year anniversary of the issuance of the Conditional Green Card
  • Once she received her permanent resident “Green Card” (which is valid for ten years), she must still apply for naturalization if she wants to become a U.S. citizen. She can do this:
  1. if she is still married to the U.S. citizen who originally sponsored her for her Fiancee visa, 3 years after the issuance date of her permanent residency (Green Card);
  2. if she is not married to the U.S. citizen, who sponsored her Fiancee visa, she can apply for naturalization in 5 years after the issuance date of her permanent residency (Green Card).

 

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