STAGE TWO: THE ADJUSTMENT OF STATUS
After marriage, you must file for Adjustment of Status (AOS) so that your new spouse can remain in the US legally. This will be processed by the INS Office that serves your district (call 1-800-375-5283 or click here to find out).

According to some K-1 newsgroups and homepages, the best way to file an I-485 application is by submitting them personally to the INS office that serves your area. You can also mail the application, but if you do, make sure you can confirm that it has been received by the INS...for peace of mind. Also, DO NOT mail cash along with your application.

The requirements for the Adjustment of Status (I-485) are as follows:

1. Form I-485 (Application to Adjust Permanent Residence or Adjust Status)

2. Form I-864 (Affidavit of Support) and supporting documents. This form should be notarized and must be accompanied by the approriate documents that support whatever you declare on the Affidavit. The sponsor will need to prove to the consular officer that the fiancé(e) will not become a public charge (i.e. primarily dependent on the government) by showing that he/she has enough funds, finances, and/or assets to support the new household. Refer to the Poverty Guidelines for more information.

However, if your finances will fall short of the requirements, you may have a co-sponsor. This may be a relative (or friend, according to some marriage-based newsgroups and homepages) who is a US Citizen or permanent resident whose income/finances satisfy the requirements. The co-sponsor must also submit the same documents as the sponsor. There is no limit to the number of co-sponsors the sponsor can have, but each co-sponsor must submit a Form I-864 and I-864A.

Supporting documents are as follows:

Sponsor's (and co-sponsor's, if applicable) Income Tax Returns and W-2 forms for the past three years. You may sumbit plain photocopies of these. For more "legally-appealing" documents, submit transcripts of your tax returns. You can request these for FREE at an IRS office that serves your area.

Statement of employment on the employer's business stationery stating position, income, and date of employment.

If your current income satisfies the poverty guideliness but...

Your tax returns for the past years required by the INS did not satisfy the poverty guidelines OR

You did not file Income Tax Returns for the past years required by the INS

You must submit a letter of explanation to the INS along with your Form I-864. Also, include copies of recent pay stubs to show your current income.

If your income or the income of your co-sponsor (if applicable) fall short of the requirements, you may use your assets. If you choose to do so, you must provide proof of these assets (Note: Assets must be convertible into cash within one year, according to the INS Fact Sheet).

3. Form I-864A (Contract Between Sponsor and Household Member)
To be used ONLY IF you have a CO-SPONSOR This form should be notarized.

4. Form I-765 (Application for Employment Authorization)
This form is in PDF format. This application must be submitted with the I-485 application. Be sure to indicate (c)(9) in item #16 of the form. This is for an Employment Authorization Document (EAD) that is good for one year.

5. Signature card for Form I-765
This form uses a special kind of paper, so it cannot be downloaded off the INS webpage. If you do not have this form, you can ask for it at the INS office when you submit your application.

4. ADIT Forms
The following forms are office specific forms. They may or may not be required with your application.

a. WR-702 ADIT Data Sheet
b. WR-703 ADIT Data Sheet
c. Form I-468 ADIT Data Sheet

5. Form I-131 Travel Document/ Application for Advanced Parole
Use this form ONLY IF you, the alien awaiting adjustment of status, wish to leave the US before you receive your green card. If you do not have this document and then leave the US, you will not be allowed to re-enter, as the K-1 Visa is a single-entry visa. If you have no plans of travelling before you receive your green card, don't apply for this and save yourself $95.

6. A certified true copy of the fiancé(e)'s birth certificate printed on security paper.
This can be secured from the National Statistics Office (NSO). For hassle-free birth certificates you may want to call the NSO Helpline Plus at 737-1111 to order documents. The fee is a little more expensive through this service, but it saves you time and trouble. The documents will be delivered to your doorstep by (LBC) courier. For convenience and less hassle, order about three to four certified copies before you move and have it with you before you fly to the US.

7. A certified copy of the Marriage Certificate
This can be obtained at the records office that processed your marriage application. According to the K-1 FAQ, a certified copy can be obtained while you wait if you submit the original Marriage Certificate with the pastor's signature to the records office. We did that and we got the certified copy right away.

8. Photocopy of the I-129F Approval Notice
9. Four ADIT pictures
These are basically colored ID pictures that have special specifications from the INS. Click here for the specifications and samples. Print your name and A-number lightly at the back of the photo using a lead pencil or a felt tip pen.

10. Vaccination Document Worksheet
This is a record of the vaccinations the fiancé(e) received during the medical examination at St. Luke's. Submit the original, but make sure you have made a copy of it for your personal records.

Photocopy of the fiancé(e)'s passport with the K-1 Visa

Photocopy of the fiancé(e)'s I-90 (Departure Record)
Copy both the front and back of this document.

11. Fees
Check with your local INS office on what mode of payments they accept. Prepare separate payments for the following:

a. $100 filing fee for the Employment Authorization application (Form I-765)
b. $220 for the I-485 (Adjustment of Status application)
c. $25 fingerprinting fee
d. IF AND ONLY IF you are applying for Advanced Parole (Form I-131), $95

IMPORTANT NOTICE: Filing fees have recently changed. Please visit the INS website for more information.
Note: According to posts in K1 discussion groups/mailing lists, the IRS 9003 form is no longer required by the INS.

If you submit photocopies in your application, be prepared to bring the originals during the interview. If you submit originals or certified copies in your application, bring photocopies that you can submit to the INS during the interview. Prepare these photocopies beforehand as the INS office you visit may not have photocopying facilities in the immediate area.
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The Adjustment of Status Interview

After filing for I-485 (Adjustment of Status), you will have to wait for an interview notice. It is a letter telling you when you and your spouse will have to appear for your AOS interview and what documents you need to bring. This is usually sent far in advance of the interview. Our interview notice, however, didn't come in the mail until two days before our appointment! Good thing we did our homework and prepared our documents far in advanced. Otherwise, we would be in a big panic!

Here is a list of documents that you should prepare as stated in the interview notice attachment:

1. Your interview notice
DO NOT FORGET TO BRING THIS! You will put this in the interview box that your letter specifies.

2. Passports, valid and expired

3. I-94 (Arrival/Departure Record) and any other immigration documents or correspondence

4. Driver's license, Social Security Card, and any other identification

5. Birth certificates for the applicant's children, born in or outside the U.S.

6. Proof that you and your spouse have been residing together as husband and wife. These documents must show BOTH of your names:

a. Joint leases
b. Bank accounts
c. Utility bills
d. Insurance policy
e. Credit cards
f. Rental receipts
g. Proof of joint ownership of cars, homes, furniture, etc.

7. Proof of salary, employment, and year-to-date income for both you and your spouse

8. Wedding photos and any other photos of you and your spouse together

9. Any additional evidence you wish considered to establish a bonafide marriage

10. Others
In this section, the INS lists specific documents that they want you to bring to the interview. In our case, they asked us to bring Drew's 2001 Tax Returns and W-2's.

Note: You must bring originals and a photocopy for INS records!


Now here is a list of the documents that the INS Adjudications Officer actually asked us to submit. You don't have to submit the exact same things. We only listed them down to give you an idea on what to prepare. Remember, the documents you present to prove that you have been living together as husband and wife must have both of your names on them!

1. Passport and I-94

2. Applicant's Social Security card

3. A valid form of identification (e.g. driver's license, military ID) for the sponsor

4. Proof of Joint Finances

a. Credit card bills
b. Utility bills
c. Bank statements

5. Proof of Benefits/Insurance

6. Letter of approval for military medical and dental insurance

7. Application for life insurance coverage
Emergency contact information sheet from the military

8. Housing/Automobile Documents

9. Home loan approval letter

10. Apartment lease application

11. The sponsor's most recent Income Tax Returns (1040) and W-2's

Note: We were only asked to submit photocopies of documents that prove that our marriage is bona fide. The Income Tax Returns and W-2's didn't have to be originals either. However, make sure you have the originals with you in case the INS officer asks to see them.