K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.
Please read the Terms
of Service before continuing.
Section 6.0....AFTER MARRIAGE
- ADJUSTMENT OF STATUS
Back to Index
Frequently Asked Questions:
6.1)...How soon after we get married should we apply for Adjustment
6.1.1)....When we file for adjustment of status, what
do we need to do about the child's K2 status? Are we required to file
the adjustment for him too and pay the fees for each application?
6.2)...What forms and other items are required for Adjustment of Status?
6.2.1)...I am asked for my Nonimmigrant visa number, is this the
one under the control number or is it the one at the bottom of the visa
6.2.2)...Will I need to take another medical exam since the K1 medical
report is only good for one year??
6.2.3)....How can we file for Adjustment of Status "immediately"
if we have to wait several weeks or more to get a certified copy of
the marriage certificate?
6.3)...So where do we send the Adjustment of Status application package?
6.3.1)...I read somewhere that October 1st is a bad day to go visit
a USCIS (INS) office. Why?
6.4)...I thought we were also supposed to submit fingerprints as well?
6.5)...Why is the FBI looking at my fingerprints?
6.6)...Why is the I-864 Affidavit of Support now used for the Adjustment
of Status application when we used the I-134 Affidavit for the Fiance(e)
6.7)...Can my spouse leave the United States, and then re-enter, before
receiving the Green Card (conditional permanent residency)?
6.7.1)....Well, my wife received her advance parole
documents today. I had thought maybe we would receive some instruction
on how to use them properly from USCIS (INS), but no such luck.
6.8 and 6.9)...(These items deleted...see section
6.10)...We never received the 90 day work authorization,
and we could not take the I-765 to a local office. When do we finally
get the EAD?
6.10.1)...Correct me if I'm wrong (as I haven't gotten
married yet), but don't you have to officially "change" your name at
the Social Security office?
6.11)...What should we do during the time we are waiting for the
Adjustment of Status interview?
6.11.1)...What should we do if we move before the interview happens?
6.11.2)...How will we know when the interview is scheduled? What
*evidence* do we need to take?
6.11.3)...What kind of questions will they ask in the interview?
6.11.4)...When do I get the green card?
6.11.5) ..(This item deleted. See Section
6.11.6)..Can I travel abroad after becoming a permanent
6.11.7)..OK, so my K-1 wife will file I485 for AOS.....Question
is, what will her immigration status be from the date she files the
AOS paperwork until the interview where she receives (conditional)green
6.11.8)..Can I go get a "normal" Social Security card after AOS?
6.12)...Taxes. How do we find out about taxes?
6.13)...What happens if we do not get married within the 90 day validity
of the K1 visa?
6.14)..Finally I received the green card. Unfortunately
my first name is misspelled!
6.1)...How soon after we get married should we apply
for Adjustment of Status?
A..Right away, or at least right after your honeymoon. You should make
every effort to get the Adjustment application filed within 90 days
of the fiance(e) entering the United States as indicated on the I-94.
Filing for Adjustment of Status within the 90 days protects your
legal status. Your legal status expires after 90 days, married
or not. The only way to protect your legal status is to apply for Adjustment
of Status, and the only way to maintain continuous legal status is to
file for AOS within 90 days or arriving. On the practical side, it is
often difficult to arrange for the marriage, and get all the paperwork
ready in time to file for AOS within 90 days. Many couples
have filed for AOS a few days or weeks after the 90 day limit with no
problems. Thus far, many experiences have shown this is not a major
issue with local USCIS (INS) offices.
6.1.1)....When we file for adjustment
of status, what do we need to do about the child's K2 status? Are we
required to file the adjustment for him too and pay the fees for each
A..You will file an application for Adjustment of Status for the child
as well. Prepare the application the same way (as a separate pile of
paper), but mail them together. Also send a separate I-765 application
for work authorization if the child is old enough to seek employment.
You will pay fees for each application.
In August, 2002, the "Child Protection Act" was signed into law
by President Bush. What the act does is remove the "age out" limitation,
so if the AOS application is accepted prior to the child's 21st birthday,
the child can still AOS even after they turn 21. Before this, the
newsgroup experienced a handful of cases where extreme measures had
to be taken by a family to get the child's case adjudicated before the
child turned 21. (this text is under review and will be updated soon as of 10/2007)
6.2)...What forms and other items are required for
Adjustment of Status?
Please see the K1 & K3 Adjustment
of Status Guide. In short though you will require the following
||Payment(s) as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.
>> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).
||Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
||Form I-485: Petition for Alien Relative
||Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).
||Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport
||K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130
||Non US Citizen Spouse's Electronic I-94 Copy or (for older entries) a copy of a valid paper I-94 (front and back of form)
||A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)
||A certified copy of your marriage certificate. (If filing for your spouse)
||Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
||G-325A filled out, signed and dated.
||I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.
||I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation
||I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)
>> Include any additional required supporting documentation or photos.
||I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)
>> Include any additional required supporting documentation.
||* Fingerprint fee not needed for applicants under 14
** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail.
As with the fiance(e) visa package, the "best" way to get these forms online via the USCIS (INS) site on the internet. You may also get the forms via the USCIS (INS) toll free number
(given in the references section). You can also
find links to the required AOS forms here.
Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office).
Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS.
By reading the forums, you can get an idea of what things you need to
know. You may also want to read the K-1
AOS filing Tips Page and use the example forms
page as a guideline to filling out the forms.
- Adjustment of status.... I am asked for my Non-immigrant visa number,
is this the one under the control number or is it the one at the bottom
of the visa ??
A...On the adjustment of status forms, there is a box for
the visa number. This is the red number printed on the K-1, not the
visa control number. I know this because the interviewer went over the
forms in front of us, and crossed out what I wrote in there (the visa
control number) and replaced it with the red number.(Note: this is on
the lower right side, under the "expiry date". It is not the long number
written along the bottom edge of the visa.)
6.2.2)....Will I need to take another medical
exam since the medical report is only good for one year??
A...If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.
6.2.3)...How can we file for Adjustment of Status
"immediately" if we have to wait several weeks or more to get a certified
copy of the marriage certificate?
A...Make sure to ask the priest/rabbi/judge who marries
you to let *you* take the marriage certificate to the recorder's office
yourself (You have to do this within 4 days of the marriage). Then,
you can get certified copies right then and there while you wait. Otherwise
the priest/rabbi/judge *mails* it to the recorder's office, where it
sits for weeks without being opened and recorded, which is why it can
take up to two months to get a certified copy of the marriage certificate.
(FAQ Note: This is a great idea, but not all folks will be able to do
this. As one emailer wrote "A quick note on an experience we had here
in Los Angeles. We were married at the Office of the Registrar-Recorder/County
Clerk by a court commissioner. The ceremony was great, but afterwards
I discovered that they are unable to issue the marriage certificate
then and there. It takes at least a few weeks for the certificate to
be generated, copies generated, and then sent out to those married."
6.3)...So where do we send the Adjustment of Status
A.. The current policy requires that all I-485, I-765, and I-131 applicants mail these forms to the same national location (this was done to streamline the processing of these very common benefits).
No matter where you file your application, send it "return receipt". Once they receive the application(s) you will be sent an offical receipt.
For the 99% of people who filed at the national address per the current filing requirements you will receive an official looking receipt for all your forms that you filed. KEEP THESE FORMS as they are your only proof of having filed and you will need them later.
6.3.1)...I read somewhere that October 1st is
a bad day to go visit an USCIS (INS) office. Why?
A..NEVER, EVER GO TO AN USCIS (INS) OFFICE ON OCTOBER 1st!!!!!
Why? It's the first day of the new fiscal year and all those folks who've
won in the various visa lotteries are there!
A..Here's how it works. If you win (the lottery) and you
are in the US and choose to adjust status you do this through your local
office by applying on October 1st or later (obviously one year later
than you originally applied for the lottery). Note that it doesn't take
much to swamp the local USCIS (INS) offices - when I filed at Arlington
there were just 11 other AOS applications ahead of us in line and we
didn't get seen until 12.45!
Note: The "October 1st" effect will depend on the location of the local
office and the makeup of its immigrant population. This extra activity
only lasts a few days.
6.4)...I thought we were also supposed to submit
fingerprints as well?
A..Fingerprints are still required for nearly every K1/K2, but current processing methods
take care of this in a biometrics appointment that you must attend while your I-485 is being processed.
You will be contacted at some point and asked to go to a local biometrics office to have your photo
and finger prints taken. The
USCIS (INS) will notify you when and where to go. You do not need to do anything until this time.
As a note, the "old system" where you got them to send in with your initial application suffered from poor quality control, and
many fingerprint sets were being rejected by the FBI on the basis of
technical errors. Note: There is a fingerprinting fee which must be submitted
with the I-485 application.
6.5)...Why is the FBI looking at my fingerprints?
A..Standard procedure. The US doesn't want people with seriously undesirable
backgrounds to become Permanent Residents.
6.6)...Why is the I-864 Affidavit of Support now
used for the Adjustment of Status application when we used the I-134
Affidavit for the Fiance(e) petition?
A..This legally enforceable affidavit is a result of immigration reform
legislation. Now that the foreign national spouse has indicated an intention
to remain here permanently, the US wants to make sure the new immigrant
does not become a burden on society. The financial responsibility for
this guarantee lies on those who sign the I-864 affidavit, and lasts
until the sponsored immigrant becomes a naturalized US citizen or can
be credited for 40 quarters of work. Whoever signs the affidavit must
also inform the USCIS (INS) when they move, using form I-865, Sponsors
Change of Address, after the immigrant gets approval of Adjustment of
If you do not meet the guidelines for income level (125% of poverty
level...see the Poverty Level link in the references section) you will
need a joint sponsor who does meet the guidelines. The US Citizen spouse
must submit an I-864, and the joint sponsor will also submit an I-864.
sponsors must be domiciled in the United States, territories or possessions,
and must be a Citizen or Permanent Resident.
*You may also want to read the I-134/I-864 Tips
6.7)...Can my spouse leave the United States, and
then re-enter, before receiving the Green Card (conditional permanent
A...The spouse cannot re-enter the US unless they have "advance parole"
authorization (application form I-131). Advance parole allows you
to re-enter the US before approval of Adjustment of Status. Without
advance parole approval, leaving the United States is considered an
abandonment of your application for Adjustment of Status. Without advance
parole approval, the USCIS (INS) will consider you an intending immigrant
without a valid visa, and you will be denied entry. If you do not apply
for advance parole when you file for Adjustment of Status, contact your
local USCIS (INS) office to find out how long it takes them to issue
Advance Parole. Although advance parole is supposed to be issued to
anyone who wants it for any reason at all, some local USCIS (INS) offices
may take weeks or months, and may require proof of a serious emergency.
If you have left the US without advance parole approval, you will most
likely have to apply for a "spousal visa" (I-130 Petition for Alien
Relative) to re-enter the US. This can take months. Any other legal
remedies through US Consulates will be time-consuming as well.
Current policy is that Advance Parole applications are sent to a national address
for initial processing. In some cases your local office may accept these applications.
It is worth calling them to check if this is possible. If so they be able to process the
application faster. In emergencies a local office is able to process them locally without
having to file the application with the national address. Contact them for more information.
6.7.1)....Well, my wife received
her advance parole documents today. I had thought maybe we would receive
some instruction on how to use them properly from USCIS (INS), but no
such luck. She got three sheets; one original with picture attached,
one copy with picture attached and one copy with no picture attached.
A....When your spouse leaves the USA, she should have all
three copies (of the advance parole document) and her passport. The
first time your spouse re-enters the USA, the POE will forward one of
the copies of your letter to the office or service center you applied
for AP from. You should receive the copies labeled TO TRANSPORTATION
LINE and TO ALIEN back. If you enter the U.S. on some carriers, it's
possible that the "transportation line" copy may be lifted from you.
(FAQ Note: another poster mentioned on Aug 17, 2000 after returning
from the UK "The airline (US Airways) didn't want the "To transportation
line" and the INS guy left it too so I now have the top copy with the
photo and a "To transportation line" should anyone want it in future.")
The USCIS (INS) at the POE should also place a stamp in her passport
Port: Date: Officer:
The port is the POE, the Date and Officer are obvious.
The "paroled until" should indicate the expiry of your AP document (the
letter). The "Purpose" may be one of either "Adjustment of Status" or
"Humanitarian"...there seems to be some confusion about which one is
"correct" but both seem to work.
They may also place an identical stamp on your I-94 (which is normally
stapled to your passport or an Electronic I-94 Version).
Once you've been through the initial entry and assuming your AP document
permits "multiple entries", you need only show the passport stamp and
letter each time you re-enter the U.S..
(FAQ Note: The advance parole documents are issued on Form I-512, a
U.S. Department of Justice, Immigration and Naturalization Service form.
Not all advance parole documents are prepared exactly the same, some
are two pages, not three. POE procedures will vary when using the AP.
Don't worry. Like the newsgrouper who gave this FAQ answer noted, "Relax
about the form...let them worry about it. If they hassle you, remind
them that you were trusting the INS office that issued it to get it
right...politely, of course."
6.8 and 6.9)...(These items deleted...see section 7.0)
6.10)...We never received the 90 temp day work
authorization (at the POE). When do we finally apply for the EAD?
A..Most EAD applications are processed between 60 and 90 days after
the USCIS (INS) gets the application. Initial EAD applications can be
filed at the same time as the I-485 Adjustment of Status and are sent
to the USCIS National Address. You will be called to a local Biometrics
office for you fingerprints and photo to be taken. Once you receive
your EAD, and if it looks like you are going to have to wait more than
a year for the Adjustment of Status interview, then apply for a renewal
(new) EAD "well in advance" (say, 3 months) of the expiration date.
You cannot legally work without it.
6.10.1)...Correct me if I'm wrong
(as I haven't gotten married yet), but don't you have to officially
"change" your name at the Social Security office?
A..Yes, if you are taking a different name when you get
married you will have to change your name at the social security office.
Make sure, in addition to other documents, you take a copy of your proof of immigration status as well as your marriage license so they can see why
you are changing you name. When I changed my name they asked for a copy
of the marriage certificate as proof. (FAQ Note: You may be asked to
show the original marriage certificate).
PLEASE READ: More information can be found here and also in much greater detail here (includes examples). Please read these linked pages before going to the SSA office so that you fully understand the current policies and know what to bring with you. There is no need to waste a trip!
6.11)...What should we do during the time we are
waiting for the Adjustment of Status interview?
A..Begin building your new life in the United States. Your EAD, Social
Security number and passport (until you get a drivers license for identification)
give you the means to get nearly anything you want, except a cup of
coffee and the right to vote. Get to really know your new wife or husband.
Get a job. Set up a joint checking account. Go exploring. Get a library
card. Meet the relatives. Make new friends. Start up a new business.
Try to shake off old ways of thinking about "how things are done", because
things are going to be different.
6.11.1)...What should we do if we move before
the interview happens?
A..Changing address is a gamble; you should be prepared to follow up to make sure you recieve your notices from USCIS. The foreign spouse must complete AR-11 within 10 days of moving (which is sent to the national address change address in Kentucky). Mailing the AR-11 is to register your whereabouts, not change your mailing information.
--o Copies of AR-11 should be sent to any office where you have a pending case, District Office OR Service Center (this is very important as this will tell them to send your case to the USCIS office for your new address).
--o Call the 1-800# and verbally report your mailing address change.
--o Call 1-800 again 30 days later.
6.11.2)...How will we know when the interview
is scheduled? What *evidence* do we need to take?
A..Wow!! On Friday 7/10 We received our adjustment of status
interview notice in the Mail from the Albany, NY USCIS (INS) office.
One month after filing the I-485. The Appointment is for October 27th
at 10Am. A list of things to be brought was included.
Sheesh, Guess a handshake and a mans good word ain't enough anymore!!!!
On to collecting paper.
- 1. Beneficiaries passport and Electronic I-94 Copy or (for older entries) a copy of a valid paper I-94 (front and back of form)
- 2. current personal ID for both parties
- 3. copies of the birth certificates of any children born to us.
( I hope they mean as a result of this union )
- 4. copies of federal,and state income tax returns for each year,
or portion thereof, during which petitioner and beneficiary have been
- 5. copies of lease or mortgage contracts showing joint occupancy.
- 6. evidence of any joint bank accounts, charge accounts etc.
- 7. copies of any life insurance and/or health insurance policies
of petitioner and beneficiary
- 8. copies of wills and/or power of attorneys
- 9. Statements from petitioners and/or beneficiaries employer(s)
preferable on company stationary, Indicating the marital status claimed,
dependants claimed and whom to notify in case of emergency.
- 10. sworn statements from at least two persons, attesting to the
length of time petitioner and beneficiary have been residing together
in Marital Union.
- 11. Any other evidence which would tend to establish the existence
of a bona fide marital relationship.
FAQ Note: The list you get from your local USCIS (INS) office prior
to the interview will vary from the one given here, but it gives you
an idea what to expect.
6.11.3)...What kind of questions will they ask
in the interview?
A..Our AOS interview was very chatty and astoundingly mundane
(where do you both work; how did you meet; did you marry within 90 days
of K-1 entry). Married couples will have no difficulty with the interview.
A..All we had to do was show a few documents - bills, tax
returns, apartment lease, that showed we were living together as a married
couple. We can't remember what the other questions were, but they were
pretty trivial. It was a breeze.
A..For the Adjustment of Status (I-485) Interview, you
must prove that you are a viable married couple that is living together
as husband and wife at a common address. Letters from friends who know
this are useful...as of May 1998, the USCIS (INS) still considers those
letters to be useful evidence.
6.11.4)...When do I get the green card?
A..After the interview, your passport "may" be stamped with the I-551
Alien Registration Receipt stamp. (Congratulations. You are now a Conditional
Permanent Resident). In many cases however this does not happen and you
are told to wait for your green card to arrive in the mail. The stamp and/or green
card are proof of your new permanent residency. Note: You will also have a fingerprint taken for the
green card. The photos you submitted with the I-485 will be used for
your green card picture. If you have been married more
than two years when you have your Adjustment interview, you may well
become a permanent resident with no conditions.
As a Conditional Permanent Resident, you do not need advance parole
to reenter the US after traveling abroad. The I-551 stamp (if you got it) or green card is also proof
of authorization to work.
By law, you need to carry your passport with the I-551 stamp (if you got it) or your green card with you
at all times as proof of your status. However, as one newsgrouper posted in Jan 2001,
"My alien spouse asked whether there is any substitute for the real
I-551 document that one could carry in a purse and afford losing it
in a mall. The Bloomington (MN) USCIS (INS) person said that one could
use a form FC-029 used for submitting copies of documents to the USCIS
(INS) instead of the originals and carry stapled with it photocopies
of the front and back of the I-551 or the relevant passport pages."
FAQ Note: During early 1999, a number of newsgroupers began reporting
they did NOT get the I-551 stamp in the passport after a successful
interview, because the CIA had not yet completed the background checks,
apparently being severely backlogged. The delay in "final approval"
was expected to be up to 6 months or so. As of November 24, 1999, new
rules were in place which allowed applicants to be adjusted without
the results of the CIA check, and letters were being sent to newsgroupers
to come into their USCIS (INS) office to get the I-551 stamp. However,
during 2001, reports were once again made that the CIA check was delaying
Final approval may also be delayed after the AOS interview for other
reasons. If your fingerprint check is done the same day as the interview,
or if you are required to submit a missing document, or vaccination
supplement, there can be a delay. Some newsgroupers report that they
subsequently receive a letter from the local office informing them the
AOS has been approved, and that they may visit the local office to obtain
the I-551 stamp in the passport, or that the letter itself is proof
6.11.5)..(This item deleted. See Section 7.0)
6.11.6)..Can I travel abroad after becoming a
A..Sure, but if you need to be out of the United States for over 12
months, you must file form I-131 and obtain a "re-entry permit". As
a *brand new* permanent resident, you should consider getting a re-entry
permit if you expect to be out of the United States for 6 months or
This complicated question does not have a perfect answer. Extended absence
from the United States does not count towards the time required to become
a naturalized citizen. The United States expects those who have been
granted permanent resident status to actually be "residents".
6.11.7)..OK, so my K-1 wife will
file I485 for AOS.....Question is, what will her immigration status
be from the date she files the AOS paperwork until the interview where
she receives (conditional)green card?
A..She is official under a "period of stay authorized by
the Attorney General". (FAQ Note: This is due to being an Adjustment
Applicant who is awaiting a decision regarding an adjustment of status
6.11.8)..Can I go get a "normal" Social Security
card after AOS?
A..If you have a Social Security Card with "valid only with USCIS (INS)
authorization" on it, then go to the Social Security office after AOS
with your passport or green card and get a new Social Security card
that does not have the restriction. You will still have the same Social
Security Number. Do this as soon as practical. It is in your best interest
to inform the Social Security Administration of your immigration status
after Adjustment of Status.
6.12)...Taxes. How do we find out about taxes?
A..The Internal Revenue Service has several publications you can download
or obtain from a local IRS office.
- Publication 519.....US Tax Guide for Aliens
- Publication 514.....Foreign Tax Credit for Individuals
- Publication 501.....Exemptions, Standard Deduction, and Filing Information
- Publication 54.......Tax Guide for US Citizens and Resident Aliens
Although it is not the intent of this FAQ to provide answers for tax
questions, we can at least point you in the correct direction. The first
tax return filed after marriage just may get you a significantly larger
refund. You can check out the Internal Revenue Service site listed in
the links and you can ask questions in the newsgroup.
6.13)...What happens if we do not get married within
the 90 day validity of the K1 visa?
A..In this case, you can no longer file for Adjustment of Status based
on being a K1.You will have to submit an I-130 relative petition along
with the I-485 and all the other paperwork to the local USCIS (INS)
office. You may have to have another medical exam, and you will need
to be prepared to answer questions about why you did not get married
within 90 days. In effect, you will have become an out-of-status alien
who is adjusting status based on marriage to a US Citizen.
6.14)..Finally I received the green
card. Unfortunately my first name is misspelled!
A...File a Form I-90. Note the error was the USCIS's problem. They will not charge you for the I-90 fee but you must follow the special instructions found here instead of the instructions that come with the form.
My wife's GC came through with our married name as her middle initial
and her maiden name as her last name. This in spite of all records showing
things properly with her maiden name as middle initial and our married
name as her last name.
This FAQ is located at https://www.visajourney.com/faq/k1faq.htm