Adjustment of status after K1 visa is the very next step in the immigration process, after your marriage in the United States. Although it is a relatively straightforward process, it does not happen automatically. Accordingly, you must file form I-485 Application to Register Permanent Residence or Adjust Status with the relevant evidence and government filing fees.

Most people can find this form online, fill it in and mail it to United States Citizenship and Immigration Services (“USCIS”). However, if the case were that easy, there would be no need for immigration attorneys. Cases are won or lost based on evidence. An experienced immigration attorney knows how to properly prepare your case and present it in such a way that you are likely to win. Basically, the adjustment of status form is currently 20 pages long. It seeks answers to questions about you, the foreign-born spouse. The first few pages of this form asks for basic information about you, such as your full name, height and weight, date of birth, entries to the United States, address history, names of your children and your employment history. Certainly, this is information that most people already know or can find out quickly without much assistance. However, the middle and latter parts of the form are more complicated, depending on your background and life history.

Even though you were issued a K1 visa and you are married to a United States citizen, you may be inadmissible, under U.S. immigration law because of certain life events. If so, this means that you are unable to get a green card. Generally, some examples of issues that may prevent you from adjusting status are, your criminal history, your intentions to engage in unlawful activity in the U.S., relying on the U.S. government for public assistance such as food stamps and welfare benefits to meet your basic needs, if you entered the U.S. illegally at any time in your life, or if you were previously deported from the United States. Also, if you plan to practice polygamy, which is having more than one wife or husband at the same time, then you will not be able to get approval for adjustment of status after K1.

Explicitly, U.S. immigration law requires a medical examination as part of your adjustment of status application. Further, you may have taken this examination in your home country and you do not need to repeat it, if you file your I-485 Adjustment of Status application, within one year of your arrival to the U.S.

Generally, as part of the medical examination, a qualified immigration doctor will check whether your immunizations are up to date. Moreover, take your immunization record from your home country, with you to the doctor’s appointment, to help you save on fees for vaccinations because your doctor will not have to repeat injections that you got previously.

During the medical examination, the doctor will run tests for these diseases: tuberculosis, syphilis, gonorrhea, leprosy and physical or mental disorders, associated with harmful behavior. Markedly, drug or alcohol abuse problems are problematic and the doctor will make a note of it on your medical record. Moreover, the immigration officer reviewing your case will use this information to approve or deny your case.

In essence, if you have any of the diseases or other inadmissibility issues mentioned before, in some cases, all is not lost. All things considered, you may qualify for an I-601 waiver to forgive you for problems with your application.

This is probably the number one question that adjustment of status applicants ask as they go through the U.S. immigration process. Applications for adjustment of status are processed by the government and needless to say, the process is not quick. Furthermore, average cases take 6-9 months, depending on the immigration officers’ caseload. In contrast, other cases take years to get an interview. Sometimes even after attending an interview, the immigration officer may take months to make a decision. Undeniably, this usually results in frustration while you are waiting. Fortunately, you can work and travel while you are waiting, if you apply for a work permit and a travel document. The wait time for a work permit is usually shorter than that of an adjustment of status application.

In particular, carefully document that you and your spouse were married in good faith and the marriage was not entered into for immigration purposes. Firstly, you and your spouse must have intended to establish a life together when you got married. Secondly, you must provide sufficient evidence to show that your marriage is real. You may prove this by having a joint lease, if you are renting an apartment, or a copy of the deed if you are a homeowner.

Additionally, joint bank accounts and utility bills are strong evidence of a bona fide marriage. Similarly, pictures of the two of you together at family events are also good evidence of a real marriage. Sometimes, it is hard to get your spouse added to the electric, water or cable bill because he/she does not have a social security number. Regardless, add your spouse to whatever bills you can. Simultaneously, life insurance and health insurance are also forms of evidence that can be used to strengthen your case.

Immigration law seems deceptively simple because the forms are available online with instructions. Thus, many people believe that they can read the instructions, fill in the forms and voilà, the case is approved. I have been practicing immigration law since 2015, and I’ve been through hundreds of cases and it is never that simple.

When you apply for adjustment of status after K1, this is a legal undertaking. Moreover, the immigration officer will be reviewing your application to determine whether to approve or deny your case. Evidently, the government is not going to teach you how to properly file your application. Consequently, if you made mistakes, they will not correct it. They will simply deny your case and move on to the next one.

My name is Cheryl Fletcher and I am an experienced immigration attorney. I practice regularly before USCIS and I have won hundreds of green cards for K1 adjustment of status clients. I am not the cheapest lawyer in town. My fees are reasonable and are based on my years of practice and the results that I can get for my clients. If you would like a personal evaluation of your case, please feel free to book a consultation with me. I will take the time, to explain your rights, and help you understand the best strategy to help you achieve your green card.