Everything you need to know about your Adjustment of Status & K-1 Visa.
The K-1 visa, through the I-129F Petition for Alien Fiancé, is the process of a U.S. citizen bringing their fiancé from abroad in order to marry them in the United States. For those intending to start the K-1 visa process, the couple must have a bona fide intent to build a life together and marry one another within 90 days of the fiancé(e) entering the United States on a K-1 nonimmigrant visa. Once the marriage between the U.S. citizen and the fiancé occurs within 90 days of the fiancé’s admission into the United States on K-1, a K-1 Visa Adjustment of Status must be filed in order for the fiancé to gain permanent residency in the United States.
Adjustment of Status: K1 Visa Process Step by Step
Below please find the Adjustment of Status and K-1 Visa Process Step by Step:
To start, the U.S. citizen must file an I-129F Petition for Alien Fiancé packet with U.S. Citizenship and Immigration Services (USCIS). This petition, along with the appropriate forms, would include documentation establishing the couple’s mutual intent to marry and that the relationship is bona fide. Once the K-1 petition packet is filed with USCIS, the couple will need to wait to hear a decision from USCIS.
Then, if the couple receives an I-797 Approval Notice from USCIS, the petition will then travel to the appropriate U.S. Embassy/Consulate. Then it will be up to the U.S. Embassy/Consulate to provide an instruction packet to the fiancé abroad for K-1 visa processing. From there, the foreign national fiancé will need to follow the specific instructions provided, filing a DS-160 Nonimmigrant Visa Application with the appropriate fee and undergo a medical examination. Once all the appropriate forms are filed and supporting documentation has been submitted to the U.S. Embassy/Consulate, the foreign national fiancé will attend an in-person interview.
Finally, after the in-person interview at the U.S. Embassy/Consulate, the fiancé will need to enter on their K-1 visa and marry the intended U.S. citizen spouse within 90 days. Within this same 90-day timeframe, the fiancé should also file an I-485 Adjustment of Status petition with USCIS after marrying the sponsoring U.S. citizen.
K-1 Adjustment of Status Cover Letter
If you are a U.S. citizen wanting to marry your fiancé that is currently abroad, please reach out to The Batrakova Law Office (TBLO) for a cover letter for adjustment of status K-1. TBLO offers assistance with K-1 and Adjustment of Status petitions.
K-1 Visa Adjustment of Status Fee
When filing for a K-1 visa with USCIS, there will be a filing fee associated with the petition. If the K-1 visa petition is approved by USCIS, it will travel to the appropriate U.S. Embassy/Consulate abroad. There, they will ask you to pay a nonimmigrant visa fee after the submission of Form DS-160. Lastly, once the couple is married within the 90-day period of the fiancé entering the United States, the fiancé will need to adjust status. To file an I-485 Adjustment of Status petition with USCIS will also require a set of filing fees. If you are a U.S. citizen planning to marry your fiancé that is currently abroad, please reach out to TBLO for the necessary K-1 visa fee and K-1 visa adjustment of status fee.
How long does Adjustment of Status take for K-1 Visa?
Due to the COVID-19 Pandemic, USCIS and the National Visa Center (NVC) are experiencing extensive delays and backlogs in case processing. This leaves many potential applicants wondering: how long does adjustment of status take for K-1 visa?
K-1 Visa Adjustment of Status Timeline
Below please find the K-1 visa adjustment of status timeline:
Currently, a K-1 visa petition is filed with USCIS takes about a month to get receipted by USCIS. After receiving an I-797 Receipt Notice, it will take USCIS about 6-8 to adjudicate an I-129F petition. Once a decision has been reached on your Form I-129F, the case will then travel to the appropriate U.S. Embassy/Consulate abroad and it will be up to them to provide you with an instruction packet for K-1 visa processing. This will take an additional one to two months. Please keep in mind that due to the COVID-19 pandemic, USCIS, NVC, and U.S. Embassies/Consulates abroad are all experiencing extensive delays in case adjudication. For current case processing times with USCIS, please visit: https://egov.uscis.gov/processing-times/.
K-1 Visa Adjustment of Status Deadline
As part of the K-1 visa petition, the U.S. citizen and fiancé abroad must intend to marry each other within 90 days of the fiancé(e) entering the United States on a K-1 nonimmigrant visa. Once the two are married, an I-485 Adjustment of Status petition packet should be filed with USCIS. Please contact TBLO for more information on the K-1 visa adjustment of status deadline.
K1 Visa after marriage: what’s next?
After being approved for a K-1 nonimmigrant visa, applicants often wonder “K-1 visa after marriage: what’s next?” As part of the K-1 visa petition, the U.S. citizen and fiancé abroad must intend to marry each other within 90 days of the fiancé entering the United States. Once the two are married, an I-485 Adjustment of Status petition packet should be filed with USCIS. After the adjustment of status petition packet has been approved, the applicant will receive a conditional Permanent Resident Card for the duration of two years. Then, 90 days before the conditional Permanent Resident Card expires, the applicant must file an I-751 Petition to Remove Conditions on Residence. After an I-751 petition is filed and approved, the next steps would include filing an N-400 Application for Naturalization, if the fiancé wishes to become a U.S. citizen.