DIY From K-1 to Green Card: I-485 Adjustment of Status (AOS)

Some of my dear friends and readers came to US through K-1 Fiance Visa and they got married to their US Citizen partner within the 90 days limit, now they are wondering what is next? If you are wondering the same thing, keep reading!

*Disclaimer: This article is just for sharing my personal experience and opinions, not for providing legal advice. View details here.

***New Updates March 9th, 2021: Public Charge Rule Form I-944 is No Longer Needed After March 9th, 2021!

How to Apply for a Green Card on K-1 Fiance(e) Visa

If you are planning on being a permanent resident in USA, you will also need to apply for your adjustment of status (green card). Since you married your US citizen partner within 90 days, you become an immediate relative. However, the process can be a little different from a regular I-485 application.

Do I need to fill out the whole I-130 Petition for Alien Relative application again? What about Bona-Fide marriage evidence? Don't worry, let's sort them all out one by one!

How to Change from K-1 to a Permanent Resident Greed Card - Concurrently Filing I-485

Step 1: Download all forms required and get 6 folders ready
Step 2: Print out all checklists (except for form I-130, you don't need it)
Step 3: Download all cover letters (optional but recommended) - you don't need I-130
Step 4: Check to see if you need I-693 medical exam
Step 5: Start filling out all forms, click on each one below to see more details:

• I-485 AOS - I recommend starting with this main form
• I-864 Affidavit of Support
• I-944 Declaration of Self-Sufficiency***This is required from 2/24/2020!
• I-693 Medical Report - if you need to redo the medical exam
• I-131 & I-765 (optional)

Step 6: Collect tax documents and proof of assets
Step 7: Take passport-style photos
Step 8: Assemble all documents into folders you prepared (Skip the part about I-130 & Bona-fide marriage evidence)
Step 9: Prepare your package for shipping
Step 10: Don't forget to sign! USCIS will reject your case if the forms aren't signed and dated.
Step 11: Final Review before you ship out

Now you are ready to mail your package! USCIS is currently closed until June 4th but you can still submit your application. There might be a longer wait time than usual but as long as your payment is accepted, you know your case is in the process.

Click here to see a typical timeline and click here to see my real case timeline.

K-1 Visa I-485 Adjustment of Status Overall Checklist 

First, let's take a look at an overall checklist. These are the items most people must submit in the I-485 package:

• Form I-485, Adjustment of Status
• Copy of beneficiary's form I-797, Approval Notice for the form I-129F (K-1 visa)
• Copy of beneficiary's marriage certificate
• (2) beneficiary's passport-style photos
• Copy of beneficiary's foreign passport
• Copy of beneficiary's birth certificate (translation needed if it's not in English)
• Copy of beneficiary's passport page with K1 visa
• Copy of beneficiary's passport page with all admission stamps by a US immigration officer
• Copy of beneficiary's I-94 or (CBP) admission stamps
• Form I-864 Affidavit of Support
• Form I-944 Declaration of Self-Sufficiency - this is required after 2/24/2020!
• Form I-693, Report of Medical Examination and Vaccination Record or DS-3025 Vaccine Record
• Some other forms and documents for specific cases such as I-212 (if you had been deported before) 
• Proof of your past J-1/J-2 visa status (if applicable) with evidence of compliance with the 2-year foreign residence requirement

I would recommend put I-864 and I-944 into separate folders and attach one cover letter to each folder as there are many different documents involved. Download the cover letters here.

So in the end, you should have 6 folders if you file concurrently with work permit and travel document: 

• I-485 Adjustment of Status Folder with Cover Letter
• I-864 Affidavit of Support Folder with Cover Letter
• I-944 Declaration of Self-Sufficiency Folder with Cover Letter
• Sealed I-693 Report or DS-3025 Vaccine Record
• I-765 Work Permit Folder with Cover Letter
• I-131 Travel Document Folder with Cover Letter

Download all cover letters here.

I found this sheet quite clear explaining the overall process from K-1 visa to a permanent resident (green card) if you'd like to check out.

What forms do I need to fill out?

You need to fill out these forms below. Click on each one to download the latest form:

• G-1450 Authorization for Credit Card Transactions - if you are using a credit card
• G-1145 E-Notification - This will help you receive notifications faster!
• I-485 Adjustment of Status 
• I-864 Affidavit of Support
• I-944 Declaration of Self-Sufficiency
• I-693 Report of Medical Examination and Vaccination Record
• (Optional) I-765 Application for Employment of Authorization
• (Optional) I-131 Application for Travel Document

Some useful links here you might want to check out while filling out the forms:

• Who is the petitioner, beneficiary, and applicants?
• Where can I find my A number?

Download my ebook to learn more filing tips and avoid simple mistakes!

Do I need to submit I-130 Petition for Alien Relative?

No, you do not need to submit form I-130. You just need to have your I-797 receipt of your I-129F along together with your other documents as a proof. During your K-1 application you should have already submitted the proof of relationship so this part is not needed. Form I-130 is for showing the connection between the petitioner and beneficiary which was already done during the K-1 visa process.

Do I need to submit evidence of Bona-fide marriage? 

Evidence of Bona-fide marriage is part of the form I-130 Petition for Alien Relative and this form is not required for K-1 fiance(e) visa, so no, you don't need this evidence.

How much does it cost to change from K-1 to a Green Card?

The basic payment is $1,225.00 for:

Form I-485 Adjustment of Status: $1,140.00

Biometrics Service (fingerprints): $85.00

And if you concurrently file the I-765 work permit and I-131 travel document, you don't need to pay anything extra; however, if you decide to apply these two later separately, you will need to pay an additional $985.00:

• Form I-765 Application for Employment Authorization $410.00
• Form I-131 Application for Travel Document $575.00

About I-693 Medical Exam Report for K-1 Visa

Do I need to redo the medical exam if I had done this before?

You need to check if that medical exam report you had done before is still valid now. USCIS had stated that now all I-485 medical reports are valid for 2 years; however, for K-1 medical exam (DS-3025), the valid time is only 1 year! If you already did the exam before you entered US and it is still within one year, you may not need to have another examination.

Be careful that you still need to show proof that you complied with the vaccination requirements in your DS 3025 vaccination record.

If you need to redo the medical exam, you need to find a qualified doctor for this. Click here for detailed information!

Note that you can submit I-693 report separately when you receive a request from USCIS or bring it with your at the interview (if you have any).

I hope you like this article! Questions? Leave me a comment or join our group here for more Q&A!

*Disclaimer: This article is just for sharing my personal experience and opinions, not for providing legal advice.