Adjustment of status for K1(2) and K3(4)
If you entered the United States as a fiancé(e)/ fiancé(e)’s child of a U.S. citizen K1(2), or spouse/spouses child K3(4) you will have to file for adjustment of status in order to get your green card and to remain legally in the United States.
If you are present in the United States as a K-1you should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.
If you are present in the United States as K2 you should seek adjustment of status at the same time as your parent K1.
If you seek adjustment as a K3(4) you may seek adjustment as soon as you enter the United States. You may obtain an extension of your K3 status in 2-year interval, while your adjustment of status application is pending You can only seek adjustment of status based on your marriage to the U.S. citizen spouse who also petitioned for K3 status for you.
Child in status K4 should seek adjustment ( extension) of status as soon as his/her parent seeks adjustment of status and only on the basis of the marriage of K3 parent to the petitioner.
To obtain a green card, you need to file Form I-485.
Supporting Evidence for the Form I-485
You should submit all of the following evidence and documentation with your application:
- Two passport-style photos;
- Form G-325A;
- Copy of your government issued photo identification;
- Copy of your birth certificate;
- Copy of passport page with visa;
- Copy of passport page with admission (entry) or parole stamp;
- Form I-94;
- Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)
- Form I-693, Report of Medical Examination and Vaccination Record;
- Form I-864;
- Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4);
- Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.);
If you received a medical examination prior to admission as a K nonimmigrant, then you are not required to have another medical examination at time of adjustment as long as:
- Your Form I-485 is filed within 1 year of your overseas medical examination;
- The medical examination did not reveal a Class A medical condition;
- If you did have a Class A medical condition, you received a waiver of inadmissibility and you have complied with the terms and conditions of the waiver;
Even if a new medical examination is not required, you still must show proof that you have complied with the vaccination requirements.