Adjustment of Status AOS I-485 filing in 2026 after marriage K1 visa

[Aquabac 22]

We are arranging our documents for my wife to file her AOS 

I've heard this year they are being tougher on proof and what they expect to be submitted than they have been.

So we want to make sure we have a preponderance of evidence and we do not receive an RFE

Background:
She had her medical exam 06/23/2025
She arrived 10/07/2025

She got her Social Security Card 10/28/2025
We were married 12/06/2025
Tried to change name on SS card to married name but  I-94 expired.  They wouldn't do it.

 

I own our home since 2011 so she is not on the deed or mortgage 
I was self employed and am now retired.
Medicare for health insurance.
My Bride is too young for Medicare.

Seems the 3 main areas of proof  they want to see  for both names to be  in: 
Lease/Mortgage/Deed
Co Insurance
Joint Accounts 

 

Only have 1 of the 3: Joint Accounts.

We have 2  JTWROS Checking accounts and 1 investment account with Fidelity.

 

She is  listed as the sole beneficiary on my other investment accounts and both my IRAs

 

I added her as an authorized user to all my credit cards in January and she just started using them this month .

 

Some documents are in maiden name , others  married.
Her Social Security is in her maiden name, 1 credit card I gave her before we were married and both joint checking accounts.
Water bill and Electric bill has maiden name. Verizon married name.

We had a lovely Church wedding and have our marriage cert from the Church and most importantly for filing; the State 
Plenty of photos

 Adding her to utility bills here wasn't perfect.
We have only 3 types of utility accounts;  Verizon for cell phones and internet, Electric, & Water 
 Water bill added her to the mailing address but not account name.
They told me they would have to close my account and reopen it to change everything

She is also on my home heating oil delivery account. 

 

She will be applying for her Learner's permit the end of the month ( February).
Once she has that I assume I can add her to my auto insurance. 

 

Other Evidence:
Costco membership on my account

I listed her as my HealthCare proxy
She is authorized for full disclosure for my Medicare account
Listed on my Apple acct as family

Dental Plans Family Discount card 

 

We want to apply for AOS as soon as it is advisable.
I'm thinking I should wait at least 2 months of banking activity for statements before applying.
Also, By March/April  I should be able to have my taxes done and I could file jointly.

I'm thinking a joint tax return is strong evidence  and worth waiting a few months.

Her medical exam expires on 06/23/2026
I assume that means as long as the application is mailed  before then or they recieve her package she does not need another medical exam 

Should I get friends that know us well to write affidavits?
Any other suggestions ?
Anyone have recent experience with their spouse's AOS  after marriage and filing I-485 ?

Thanks 


 

 

 

 

 

 

[TBoneTX 49,252]

20 minutes ago, Aquabac said:

I listed her as my HealthCare proxy
She is authorized for full disclosure for my Medicare account

These are good.  I recommend that you shop for a lawyer who can draft wills, medical & financial powers of attorney, and similar estate documents.  These make superlative evidence for AOS, Removing Conditions, or both, and they're even more crucial to have in "life."  Remember that if you've moved from one U.S. state to another, your will may need to be redone.

 

Check to see whether your home state has official templates of these documents online.

Edited 19 hours ago by TBoneTX

[wildbug100420 416]

2 hours ago, Aquabac said:

We are arranging our documents for my wife to file her AOS 

I've heard this year they are being tougher on proof and what they expect to be submitted than they have been.

So we want to make sure we have a preponderance of evidence and we do not receive an RFE

Background:
She had her medical exam 06/23/2025
She arrived 10/07/2025

She got her Social Security Card 10/28/2025
We were married 12/06/2025
Tried to change name on SS card to married name but  I-94 expired.  They wouldn't do it.

 

I own our home since 2011 so she is not on the deed or mortgage 
I was self employed and am now retired.
Medicare for health insurance.
My Bride is too young for Medicare.

Seems the 3 main areas of proof  they want to see  for both names to be  in: 
Lease/Mortgage/Deed
Co Insurance
Joint Accounts 

 

Only have 1 of the 3: Joint Accounts.

We have 2  JTWROS Checking accounts and 1 investment account with Fidelity.

 

She is  listed as the sole beneficiary on my other investment accounts and both my IRAs

 

I added her as an authorized user to all my credit cards in January and she just started using them this month .

 

Some documents are in maiden name , others  married.
Her Social Security is in her maiden name, 1 credit card I gave her before we were married and both joint checking accounts.
Water bill and Electric bill has maiden name. Verizon married name.

We had a lovely Church wedding and have our marriage cert from the Church and most importantly for filing; the State 
Plenty of photos

 Adding her to utility bills here wasn't perfect.
We have only 3 types of utility accounts;  Verizon for cell phones and internet, Electric, & Water 
 Water bill added her to the mailing address but not account name.
They told me they would have to close my account and reopen it to change everything

She is also on my home heating oil delivery account. 

 

She will be applying for her Learner's permit the end of the month ( February).
Once she has that I assume I can add her to my auto insurance. 

 

Other Evidence:
Costco membership on my account

I listed her as my HealthCare proxy
She is authorized for full disclosure for my Medicare account
Listed on my Apple acct as family

Dental Plans Family Discount card 

 

We want to apply for AOS as soon as it is advisable.
I'm thinking I should wait at least 2 months of banking activity for statements before applying.
Also, By March/April  I should be able to have my taxes done and I could file jointly.

I'm thinking a joint tax return is strong evidence  and worth waiting a few months.

Her medical exam expires on 06/23/2026
I assume that means as long as the application is mailed  before then or they recieve her package she does not need another medical exam 

Should I get friends that know us well to write affidavits?
Any other suggestions ?
Anyone have recent experience with their spouse's AOS  after marriage and filing I-485 ?

Thanks 


 

 

 

 

 

 

File asap. From your dates she is already out of status. Not sure what state your in but she won't be able to get driver's license or state ID without the work permit. Strongly recommend to file for eac as you don't know when you will be called in for interview. 

[rbv_shard 74]

5 hours ago, wildbug100420 said:

File asap. From your dates she is already out of status.

This times 1000.  RFE is far better than fighting deportation proceedings.

[Aquabac 22]

7 hours ago, rbv_shard said:

This times 1000.  RFE is far better than fighting deportation proceedings.

Thanks for your post and @wildbug100420  post

I'm rather ignorant about immigration but I thought the requirement for staying in the US was to be married within the 90 days and you could not travel outside of the US and back until you either got your Green Card or Advanced Parole.

 

Even when she arrived Immigration told her 3 times that she needed to make sure she got married within 90 days.
No one from Immigration said anything about AOS within 90 days.

 

This is certainly concerning and we will  apply sooner than later but i want at least 1 month of bank statements from joint accounts

 

I went on the USCIS website to see if  there was any information regarding k1 and mandating filing for AOS within 90 days and did not see anything suggesting that.

I found  this link to USCIS website  Visas for Fiance"s of US Citizens 

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

 

It clearly states about Failure to Marry within 90 days  but no other time limits.

 

Under "Process for Bringing your Fiancé(e) to the United States "

it shows the following:

 NOTE:  I tried to insert a screen shot but I think it goes at the end of the post so I will paste what it says
 

Step 5: Adjustment of Status – USCIS

1. If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
2. We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information.
3. You and your spouse will usually be required to appear for an interview.
4. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card expires. 

 

Clearly states you must marry within 90 days

Step 5 it states you MAY apply for a Green Card if you marry within 90 days.

 Not that you must file within 90 days 

And then it talks about 
 "less than two years at the time the Form I-485 is approved"  and the only other time limit is to file for removal of restrictions 90 days before their Green card expires.

Of course that does not state you have 2 years to apply but the only time restrictions listed is marriage within 90 days and restrictions regarding before and after 2 years of approval of your Green card 

I would hope they would put any other time limits clearly in this section.

They may have it elsewhere  and I certainly hope  they do not.

I wonder if anyone has had experience with someone getting a deportation notice after marrying within the 90 days and not filing I-485  by  that time?

Certainly is a concerning issue and why I should have started the joint account process the moment she got her social security card but we didn't. We will file as soon as possible.

 

[Crazy Cat 46,249]

1 hour ago, Aquabac said:

No one from Immigration said anything about AOS within 90 days.

A K-1 is a NON-immigrant visa which means the I-94 expires after 90 days.  When an I-94 expires, the visa holder is immediately out of status.....and deportable....as is the case with any non-immigrant visa.  Marriage to a US citizen confers no right to remain in the US.  By DOS/DHS policy, a K-1 entrant is granted "authorized stay" ONLY after submission of a proper I-485.   "Authorized Stay" is not a legal status, but allows the applicant to remain in the US until the I-485 is either approved or denied. This is a DHS POLICY....not law.  

 

To fulfill the conditions of the K-1, you must marry within 90 days....but that gives NO right to remain in the US.  Even after submitting a proper I-485, the applicant is out of status, but not accruing additional unlawful presence.   It is strongly advised to submit a proper I-485 before the 90 days after entry have elapsed to avoid accruing any unlawful presence.  This is especially important with the current administration.

 

FYI-  Search "spaceage" here on VJ for an example of someone who married after a K-1, yet did NOT file an I-485 within 90 days.  That person was apprehended by police and spent weeks in jail.  

 

Edited 1 hour ago by Crazy Cat

[Aquabac 22]

15 minutes ago, Crazy Cat said:

A K-1 is a NON-immigrant visa which means the I-94 expires after 90 days.  When an I-94 expires, the visa holder is immediately out of status.....and deportable.  Marriage to a US citizen confers no right to remain in the US.  By DOS policy, a K-1 entrant is granted "authorized stay" ONLY after submission of a proper I-485.   "Authorized Stay" is not a legal status.  

 

To fulfill the conditions of the K-1, you must marry within 90 days....but that gives NO right to remain in the US.  Even after submitting a proper I-485, the applicant is out of status, but not accruing additional unlawful presence.   It is strongly advised to submit a proper I-485 before the 90 days after entry have elapsed.

Thank you for the explanation.
 I wish i would have looked into all of this before she even arrived. Ignorance is not bliss.

We are going to file As soon as I get the February statements.
We are going to spend the next 2 weeks organizing all our evidence so we can mail it out as soon as I get the joint account statements.

 
 

[Crazy Cat 46,249]

Here is more information directly from USCIS.  

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3