Captain Ewok

Note: When filing for Adjustment of Status K1 and K3 Visa holders are required to submit their paperwork at this address.

After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link

Download the Following Forms:

1. I-485
2. I-944 (no longer required as of March 9, 2021)
3. I-864
4. I-765 (optional)
5. I-131 (optional)
6. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-485 Package: Checklist     
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*.
>> The fee for I-485 applications includes 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). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. 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 I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.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. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation 13. 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 as well as payment as noted here. 14. 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 or photos as well as payment as noted here.   * 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.
"Cover Page" Information:
In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes:

-- the applicants contact information (name, address, phone number)
-- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application)
-- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc)
-- A line with the applicants signature and date

I-944 (Declaration of Self-Sufficiency) Information:
This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here.


Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Where to File Everything:

Applicants are required to mail applications to this address (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.


After Filing: What Happens?

I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed.

Employment Authorization and Advance Parole Processing

If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits:

 Estimated EAD Processing Times
 Estimated AP Processing Times

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

Biometrics

Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer.

Interview (in person) for Adjustment of Status

Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks).

Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them.

NOTES:

(1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date.

(2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.

Disclaimer: The flowchart below is designed to illustrate a typical K-1 Visa application process and should be used for reference only. This flowchart can not take in to consideration a great number of variables and/or events that may alter this flowchart for a particular case such as a Request for Evidence (RFE). Please read the Terms and Conditions for more information.

Please begin by reading the Step-by-Step Guide to the K-1 process (for the US Citizen). You should also refer to the K-FAQ's for more information. The timeline below will help you visualize the entire process. Please note that the details of the process are not included below, they can be found in the links mentioned previously.

BEGIN:
Timeline (approx) Step Information Varies 1. U.S. Petitioner gathers various documents U.S. Petitioner gathers various documents (birth certificate etc) to send with I-129F
* Start ASAP N/A 2. I-129f Package sent U.S. Petitioner sends compiled I-129F package to the USCIS Dallas Lockbox which will forward the package for processing.
* Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. 2-3 Weeks 3. 1st Notice of Action (NOA) U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened
*Typical wait time is 2-3 weeks after the Service Center receives the I-129F. See Processing Times 4. 2nd Notice of Action (NOA) U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved
* Start gathering documents needed by beneficiary (Fiance(e)) - See K-1 Guide.

*Beneficiary can research and prepare forms required by embassy. 2 Weeks 5. Case Forwarded by your Service Center to the National Visa Center (NVC) Case Forwarded by your Service Center to the National Visa Center
*Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :). 1-4 Weeks 6. Case Forwarded by NVC to U.S. Embassy in your fiance(e)'s country Case Forwarded to U.S. Embassy as specified in the I-129F.
*NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days. 1 week 7. Case received by Embassy from NVC Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e).
*5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it. 1 week 8. Forms and Checklist sent to Beneficiary Forms and Checklist sent to foreign Beneficiary (Fiance/e).
*This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview. Varies 9. Foreign Beneficiary compiles required forms Beneficiary fills in Forms and assembles various documents
*The downloads section for K-1 Visa's has a list of some forms the fiance(e) will need. You can practice with these forms. N/A 10. Completed Forms sent to Consulate Beneficiary sends completed Forms to U.S. Embassy N/A 11. Fiance(e) must attend medical interview prior to interview Attend medical appointment.
*Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor.
*This may occur after an interview date is given. 1 week to issue date 12. U.S. Embassy issues Beneficiary with Interview date U.S. Embassy issues Beneficiary with Interview date
*This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy. 1 Month to interview 13. Beneficiary has Interview at U.S. Embassy Beneficiary has interview at U.S. Embassy for K-1 visa. All being well case is approved.
*K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions.

Timeline (approx) Step Information N/A 14. Beneficiary travels to and enters the U.S. Beneficiary travels from their country to be with the U.S. Petitioner (Fiance(e)) in the US.
*Must enter the US within (typically) 6 months of the K-1 being issued. 5-20 minutes 15. Point of Entry (POE) in U.S. Beneficiary arrives at Point of Entry (POE) in U.S. and shows K-1 to the immigration officer. 1 hour (early morning) 16. Apply for Social Security Number Apply for Social Security Number (SSN)
*See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc). 1 hour 17. Apply for marriage certificate Apply for marriage certificate. Must marry within 90 days of entering the U.S. on a K-1 visa. VARIES! 18. Get married Get married. and give each other a pat on the back. You've both earned it! 1 hour (early morning) 19. Change name on SSN Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name. Varies! 20. Complete I-693 Complete I-693 per the K1/K3 AOS Guide. This is required so that your vaccinations can be documented properly on the I-693 as part of your completed AOS package.
You can complete this step at any time after entering the US. N/A
(File asap once you marry) 21. Apply for Adjustment of Status (AOS), EAD, AP Apply for Adjustment of Status (AOS) to receive a "green card" and become a Legal Permanent Resident. You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.
*EAD allows your to work (will need to reapply every year until your AOS (i.e. "Green Card") application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed. Please read this regarding when to file for AOS and not becoming out-of-status. See Processing Times 22. Receive EAD / AP Receive your EAD and AP via US Mail. You will have a biometrics appointment prior to being issued the EAD. See Processing Times 23. Interview for AOS (I-485 approval) Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later.
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.

NOTE: For an overview of the entire K-1 Fiance Visa process, please see the K-1 Fiance Visa Flowchart.

What is a K-1 Fiance Visa?

A K-1 Visa (also known as a Fiance Visa) is a nonimmigrant visa Visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a "green card" and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. Be sure to include the names of the children on the I-129F petition.

Who is Eligible to File?

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen.

Forms Needed to File for a K-1 Fiance Visa:

1. I-129F
2. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-129F Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), 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. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 5. Proof of having met in past two years. To organize this information you can create a single typed page with the following elements: (1) Title the page 'Evidence of In-Person Meeting in the last 2 years'; (2) A description of how you met (same as you stated in Part 2 Question 53-54 of your I-129F); (3) A list of the evidence you are providing; (4) Your printed name, signature and date. Following this declaration page, provide the evidence you listed (click here for examples). 6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 7. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 8. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 9. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 10. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 11. In regards to Part 3 of the I-129F, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See Part 3 of the I-129F instructions for more information.
Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship:

Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case.
 
1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo's of you and your fiance together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)


Mail the I-129F Package to the USCIS

You should mail the completed form(s) to the USCIS address here. Mail the package with return receipt requested / delivery confirmation. Send via USPS.
 
IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.
 
Create a VJ Timeline
 
Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!  
What to send to your fiance once the I-129F is approved (Receive NOA2):
1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 2. Send copies of the documentary proof that you submitted with the I-129F for your fiance to have on hand for their interview at the embassy. Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 3. Send an original letter affirming your desire to marry your fiance and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F). 4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all. 5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate:

(A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance
(B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available)
(C) If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern
(D) List containing serial numbers and denominations of bonds and name of record owner(s).

Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well) 7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now).

Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)
NOTE: Tip Regarding Vaccination Records

The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).

After the K-1 Fiance Visa is Approved:

Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit.

If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed.

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

Note 1: Mark both the envelope and the cover letter as to the nature of the submission. Example: ORIGINAL SUBMISSION - BRIEF FOR AN APPEAL - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION - etc.

Note 2: Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type. Example: I-129; I-130; I-690; I-698, etc.

Note 3: Provide both the receipt notice number and the A-Number as an identifier, if they are available.

Note 4: If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE, please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided.

Note 5: If evidence is being submitted in support of a previously filed appeal or motion, a cover letter stating "BRIEF FOR APPEAL", etc., should be placed on top of the packet.

Note 6: In preparing your packet, please take note of the following:

  a. Do not use binders or folders that cannot be easily disassembled.
  b. Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated. Exception: Petitions filed at the Chicago lockbox should use paperclips when attaching supporting personal documents to forms instead of “ACCO” fasteners; staples are acceptable when attaching fees.
  c. The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
  d. Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
  e. Avoid submitting originals unless specifically required (Forms I-94, Labor certifications, etc). Avoid submitting oversized documentation when possible.

Note 7: If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners.

Note 8: A form G-28 is not acceptable unless signed by the authorized representative and the petitioner (re: petitions) or the applicant (re: applications). Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants/petitioners must live sign the initial Form G-28 submitted with the application/petition. Any subsequent Form G-28 relating to the same case may be a photocopy of the original, which should be already attached to the relating case.

Note 9: Send copies of any prior approval notices with any new requests for extensions of stay, change of status or amended petitions.

Note 10: Keep copies of all submissions. Don't assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.

Note 11: Be sure to complete all pertinent items on the petition or application. Ensure all entries on the forms are legible. Note the appropriate consulate, embassy, or a request to adjust status on the petition. Do not enter "N/A" when "None" is appropriate.

Note 12: If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.

Note 13: Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate. The certification format should include the certifier's name, signature, address, and date of certification. The formated required by the USCIS can be found here.

Note 14: USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

At the discretion of the officer, original documents may still be required in individual cases. Please be advised that USCIS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.

Note 15: Reminder: The best way to locate records is through the receipt number and/or the A-Number. Always provide this information whenever possible. If you don't know the A-Number, provide a COMPLETE name and date of birth. ALSO: Provide ANY AND ALL names used by the individual, including aliases, maiden names, names used when originally admitted to the United States, etc. Providing this information is extremely helpful and speeds up processing time.

Note 16: DUPLICATE FILINGS (without fee): Cases will be accepted as a duplicate filing only when USCIS has specifically requested that a duplicate be filed. In such a case, be sure to submit the receipt number of original filing or any copies of notices received from USCIS on the first filing when submitting a duplicate petition or application.

Note 17: The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization's mailroom.

Note 18: Recognized authorities: Many I-129 petitions filed with evidence of the beneficiary's education or accomplishments include documentation submitted by various authorities. For example, petitions for artists and entertainers may include evidence the beneficiary has received an award or other recognition of achievement. Petitions for individuals employed in a specialty occupation may include evidence the beneficiary belongs to a professional organization. When an individual's awards or membership is used to support a petition, evidence establishing the reputation of that organization must also be submitted. Examples of the type of evidence needed includes the following: the size and standing of the organization or the organization's requirements for membership and any other documentation which would establish the reputation of that organization.

When an opinion from a recognized authority is submitted, the opinion should state: the writer's qualifications as an expert; the writer's experience giving such opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; how the conclusions were reached; and the basis for the conclusions, including copies or citations of any research material used.

Note 19: Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card.

NOTE: For an overview of the entire K-1 Fiance Visa process, please see the K-1 Fiance Visa Flowchart.

What is a K-1 Fiance Visa?

A K-1 Visa (also known as a Fiance Visa) is a nonimmigrant visa Visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a "green card" and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. Be sure to include the names of the children on the I-129F petition.

Who is Eligible to File?

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen.

Forms Needed to File for a K-1 Fiance Visa:

1. I-129F
2. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-129F Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), 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. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 5. Proof of having met in past two years. To organize this information you can create a single typed page with the following elements: (1) Title the page 'Evidence of In-Person Meeting in the last 2 years'; (2) A description of how you met (same as you stated in Part 2 Question 53-54 of your I-129F); (3) A list of the evidence you are providing; (4) Your printed name, signature and date. Following this declaration page, provide the evidence you listed (click here for examples). 6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 7. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 8. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 9. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 10. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 11. In regards to Part 3 of the I-129F, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See Part 3 of the I-129F instructions for more information.
Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship:

Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case.
 
1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo's of you and your fiance together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)


Mail the I-129F Package to the USCIS

You should mail the completed form(s) to the USCIS address here. Mail the package with return receipt requested / delivery confirmation. Send via USPS.
 
IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.
 
Create a VJ Timeline
 
Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!  
What to send to your fiance once the I-129F is approved (Receive NOA2):
1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 2. Send copies of the documentary proof that you submitted with the I-129F for your fiance to have on hand for their interview at the embassy. Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 3. Send an original letter affirming your desire to marry your fiance and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F). 4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all. 5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate:

(A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance
(B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available)
(C) If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern
(D) List containing serial numbers and denominations of bonds and name of record owner(s).

Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well) 7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now).

Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)
NOTE: Tip Regarding Vaccination Records

The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).

After the K-1 Fiance Visa is Approved:

Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit.

If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed.

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

Background:

A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

The USCIS provides additional information here.

Download the Following Forms:

1. I-751

The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-751 Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Sheet (example here) 3. Form I-751, Petition to Remove the Conditions on Residence (see example form) 4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children) 5. Evidence of Bona fide Relationship (see below)
Evidence of Your Bona fide Marital Relationship

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.


Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):
1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both
Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)?

Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.

Overview
 
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F visa or an M visa.
 
To enter the United States to attend: You need the following visa category: University or college F High School Private elementary school Seminary Conservatory Another academic institution, including a language training program Vocational or other recognized nonacademic institution, other than a language training program M  
Students cannot travel on the Visa Waiver Program or with Visitor Visas
A student visa (F or M) is required to study in the United States. Foreign nationals may not study after entering on a visitor (B) visa or through the Visa Waiver Program (VWP), except to undertake recreational study (non-credit) as part of a tourist visit. For more information on the VWP, see Visa Waiver Program.
 
For short periods of recreational study, a Visitor (B) visa may be appropriate
A visitor (B) visa permits enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate. Learn more about Visitor Visas.
Study leading to a U.S. conferred degree or certificate is never permitted on a visitor (B) visa, even if it is for a short duration. For example, a student in a distance learning program that  requires a period of time on the institution’s U.S. campus must obtain a student (F or M) visa prior to entering the United States.
 
Student Acceptance at a SEVP Approved School
The first step is to apply to a SEVP-approved school in the United States.  After the SEVP-approved school accepts your enrollment, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee.  The SEVP-approved school will issue you a Form I-20.  After you receive the Form I-20 and register in SEVIS, you may apply at a U.S. Embassy or Consulate for a student (F or M) visa.  You must present the Form I-20 to the consular officer when you attend your visa interview.
 
If your spouse and/or children intend to live with you in the United States while you study, they must also enroll in SEVIS, obtain individual Form I-20s from the SEVP-approved school, and apply for a visa (but they do not pay the SEVIS fee).
 
Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.
Visit the Department of State EducationUSA website to learn about educational opportunities for undergraduate and graduate study, and an overview of the application process.  You can also visit the DHS Study in the States school search page to search for SEVP-certified schools.
 
How To Apply
 
There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the embassy or consulate website. 
Complete the Online Visa Application
Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application, and 2) print the application form confirmation page to bring to your interview. Photo –You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.  
Schedule an Interview
Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.
 
If you are age:
Then an interview is:
13 and younger
Generally not required
14 - 79
Required (some exceptions for renewals)
80 and older
Generally not required
 
 
You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. 
 
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:
 
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
 
New Students – Student (F and M) visas for new students can be issued up to 120 days in advance of the start date for a course of study.  However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.
 
Continuing Students - Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS.  Continuing students may enter the United States at any time before classes start.
 
Prepare for Your Interview
 
Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. If your visa is approved, you may also pay a visa issuance fee, if applicable to your nationality. Fee information is provided here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html Review the instructions available on the website of the U.S. Embassy or Consulate where you will apply to learn more about fee payment.  
Gather Required Documentation
 
Gather and prepare the following required documents before your visa interview:
 
Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport. Nonimmigrant Visa Application, Form DS-160 confirmation page. Application fee payment receipt, if you are required to pay before your interview. Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.  Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, Form I-20 or Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students, Form I-20 – Your school will send you a Form I-20 once they have entered your information in the SEVIS database. You and your school official must sign the Form I-20.  All students must be registered in the Student and Exchange Visitor System (SEVIS). Your spouse and/or minor children, if they intend live in the United States with you, will each receive an individual Form I-20.  
Additional Documentation May Be Required
 
A consular officer will interview you to determine your qualifications for a student visa, and may request additional documents, such as evidence of:
Your academic preparation, such as: Transcripts, diplomas, degrees, or certificates from schools you attended; and Standardized test scores required by your U.S. school; Your intent to depart the United States upon completion of the course of study; and How you will pay all educational, living and travel costs.  Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply.
 
Attend Your Visa Interview
 
A consular officer will interview you to determine whether you are qualified to receive a student visa. You must establish that you meet the requirements under U.S. law to receive a visa.
 
Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.
After your visa interview, the consular officer may determine that your application requires further administrative processing.  The consular officer will inform you if this is required.
 
After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the visa processing times to learn more.
 
Entering the United States
 
A visa does not guarantee entry into the United States.  A visa only allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States.  
 
After you present your passport, visa, and Form I-20 at the port-of-entry, a CBP official will make this decision.  Once you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record.  
 
Learn about procedures for students (with F or M visas) entering the United States on the CBP website under Arrival Procedures for Students or Exchange Visitors.  Learn about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
 
Extending Your Stay
 
Foreign students in the United States with F visas must depart the United States within 60 days after the program end date listed on Form I-20, including any authorized practical training.
 
Foreign students may request an extension through U.S. Citizenship and Immigration Services (USCIS) website (see the USCIS Extend Your Stay page). Additional information to maintain student status is on the U.S. Immigration and Customs Enforcement SEVP website under Maintaining Your Immigration Status While a Student or Exchange Visitor.
Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 
 
Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.
 
Change of Status
 
If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See Change My Nonimmigrant Status on the USCIS website to learn more.
While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.
 
Additional Information
 
There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa. For information about working in the United States during your study, review Students and Employment and Form I-765 Work Authorization Instructions on the USCIS website. If you have a temporary break in your study, view the information on the SEVP website under Do Students Returning from Temporary Absences Need New Visas? If your student visa is still valid, but you are outside the United States, you should consult with your Designated School Officials.  Spouse and children Your spouse and unmarried, minor children who intend to reside with you during your study may apply for F-2 or M-2 visas. Although SEVIS fee payment is not required, your school must issue them an individual Form I-20, which is required to apply for their visas. You must provide a copy of your F-1 or M-1 visa and provide proof of relationship. Your minor children are permitted to attend school in the United States while accompanying you. U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Disclaimer: The flowchart below is designed to illustrate a typical K-1 Visa application process and should be used for reference only. This flowchart can not take in to consideration a great number of variables and/or events that may alter this flowchart for a particular case such as a Request for Evidence (RFE). Please read the Terms and Conditions for more information.

Please begin by reading the Step-by-Step Guide to the K-1 process (for the US Citizen). You should also refer to the K-FAQ's for more information. The timeline below will help you visualize the entire process. Please note that the details of the process are not included below, they can be found in the links mentioned previously.

BEGIN:
Timeline (approx) Step Information Varies 1. U.S. Petitioner gathers various documents U.S. Petitioner gathers various documents (birth certificate etc) to send with I-129F
* Start ASAP N/A 2. I-129f Package sent U.S. Petitioner sends compiled I-129F package to the USCIS Dallas Lockbox which will forward the package for processing.
* Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. 2-3 Weeks 3. 1st Notice of Action (NOA) U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened
*Typical wait time is 2-3 weeks after the Service Center receives the I-129F. See Processing Times 4. 2nd Notice of Action (NOA) U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved
* Start gathering documents needed by beneficiary (Fiance(e)) - See K-1 Guide.

*Beneficiary can research and prepare forms required by embassy. 2 Weeks 5. Case Forwarded by your Service Center to the National Visa Center (NVC) Case Forwarded by your Service Center to the National Visa Center
*Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :). 1-4 Weeks 6. Case Forwarded by NVC to U.S. Embassy in your fiance(e)'s country Case Forwarded to U.S. Embassy as specified in the I-129F.
*NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days. 1 week 7. Case received by Embassy from NVC Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e).
*5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it. 1 week 8. Forms and Checklist sent to Beneficiary Forms and Checklist sent to foreign Beneficiary (Fiance/e).
*This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview. Varies 9. Foreign Beneficiary compiles required forms Beneficiary fills in Forms and assembles various documents
*The downloads section for K-1 Visa's has a list of some forms the fiance(e) will need. You can practice with these forms. N/A 10. Completed Forms sent to Consulate Beneficiary sends completed Forms to U.S. Embassy N/A 11. Fiance(e) must attend medical interview prior to interview Attend medical appointment.
*Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor.
*This may occur after an interview date is given. 1 week to issue date 12. U.S. Embassy issues Beneficiary with Interview date U.S. Embassy issues Beneficiary with Interview date
*This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy. 1 Month to interview 13. Beneficiary has Interview at U.S. Embassy Beneficiary has interview at U.S. Embassy for K-1 visa. All being well case is approved.
*K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions.

Timeline (approx) Step Information N/A 14. Beneficiary travels to and enters the U.S. Beneficiary travels from their country to be with the U.S. Petitioner (Fiance(e)) in the US.
*Must enter the US within (typically) 6 months of the K-1 being issued. 5-20 minutes 15. Point of Entry (POE) in U.S. Beneficiary arrives at Point of Entry (POE) in U.S. and shows K-1 to the immigration officer. 1 hour (early morning) 16. Apply for Social Security Number Apply for Social Security Number (SSN)
*See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc). 1 hour 17. Apply for marriage certificate Apply for marriage certificate. Must marry within 90 days of entering the U.S. on a K-1 visa. VARIES! 18. Get married Get married. and give each other a pat on the back. You've both earned it! 1 hour (early morning) 19. Change name on SSN Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name. Varies! 20. Complete I-693 Complete I-693 per the K1/K3 AOS Guide. This is required so that your vaccinations can be documented properly on the I-693 as part of your completed AOS package.
You can complete this step at any time after entering the US. N/A
(File asap once you marry) 21. Apply for Adjustment of Status (AOS), EAD, AP Apply for Adjustment of Status (AOS) to receive a "green card" and become a Legal Permanent Resident. You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.
*EAD allows your to work (will need to reapply every year until your AOS (i.e. "Green Card") application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed. Please read this regarding when to file for AOS and not becoming out-of-status. See Processing Times 22. Receive EAD / AP Receive your EAD and AP via US Mail. You will have a biometrics appointment prior to being issued the EAD. See Processing Times 23. Interview for AOS (I-485 approval) Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later.
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.

Overview
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).
 
Here are some examples of activities permitted with a visitor visa:
 
Business (B-1):
 
Consult with business associates Attend a scientific, educational, professional, or business convention or conference Settle an estate Negotiate a contract Learn more about Business Travel to the United States  (PDF - 362 KB)  on a visitor visa.
 
Business (B-2):
 
Tourism Vacation (holiday) Visit with friends or relatives Medical treatment Participation in social events hosted by fraternal, social, or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation) Learn more about Visitor Visas - Business and Pleasure  (PDF - 1020 KB).
 
Travel Purposes Not Allowed on Visitor Visas:
 
Study Employment Paid performances, or any professional performance before a paying audience Arrival as a crewmember on a ship or aircraft Work as foreign press, in radio, film, print journalism, or other information media Permanent residence in the United States
How to Apply
There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the U.S. Embassy or Consulate website.
 
Complete the Online Visa Application
 
Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview. Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.  
Schedule an Interview
 
Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.
 
If you are age: Then an interview is: 13 and younger Generally not required 14-79 Required (some exceptions for renewals) 80 and older Generally not required  
You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. 
 
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply: 
 
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
 
Prepare for Your Interview
 
Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality. Fee information is provided here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html Review the instructions available on the website of the U.S. Embassy or Consulate where you will apply to learn more about fee payment.  
Gather Required Documentation
 
Gather and prepare the following required documents before your visa interview:
Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport. Nonimmigrant Visa Application, Form DS-160 confirmation page. Application fee payment receipt, if you are required to pay before your interview. Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.  
Additional Documentation May Be Required
 
Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:
 
The purpose of your trip, Your intent to depart the United States after your trip, and/or Your ability to pay all costs of the trip. 
  Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.
 
Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.
 
Attend Your Visa Interview
 
A consular officer will interview you to determine whether you are qualified to receive a visitor visa. You must establish that you meet the requirements under U.S. law to receive a visa.  

Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.
 
After your visa interview, the consular officer may determine that your application requires further administrative processing.  The consular officer will inform you if this required.
After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the visa processing times to learn more.
 
Entering the United States
 
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
 
Extending Your Stay
 
See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94. 
 
Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 
 
Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.
 
Change of Status
 
If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See Change My Nonimmigrant Status on the USCIS website to learn more.
While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.
 
Additional Information
 
An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States. There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa. A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. 

Background:

A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

The USCIS provides additional information here.

Download the Following Forms:

1. I-751

The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-751 Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Sheet (example here) 3. Form I-751, Petition to Remove the Conditions on Residence (see example form) 4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children) 5. Evidence of Bona fide Relationship (see below)
Evidence of Your Bona fide Marital Relationship

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.


Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):
1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both
Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)?

Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.

Note: When filing for Adjustment of Status K1 and K3 Visa holders are required to submit their paperwork at this address.

After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link

Download the Following Forms:

1. I-485
2. I-944 (no longer required as of March 9, 2021)
3. I-864
4. I-765 (optional)
5. I-131 (optional)
6. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-485 Package: Checklist     
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*.
>> The fee for I-485 applications includes 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). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. 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 I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.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. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation 13. 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 as well as payment as noted here. 14. 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 or photos as well as payment as noted here.   * 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.
"Cover Page" Information:
In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes:

-- the applicants contact information (name, address, phone number)
-- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application)
-- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc)
-- A line with the applicants signature and date

I-944 (Declaration of Self-Sufficiency) Information:
This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here.


Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Where to File Everything:

Applicants are required to mail applications to this address (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.


After Filing: What Happens?

I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed.

Employment Authorization and Advance Parole Processing

If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits:

 Estimated EAD Processing Times
 Estimated AP Processing Times

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

Biometrics

Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer.

Interview (in person) for Adjustment of Status

Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks).

Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them.

NOTES:

(1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date.

(2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.

Preparation:

Download the Following Forms:
1. Application for a Social Security Card (SS-5)
2. I-765, Application for Employment Authorization (K-2, K-3, and K-4 Visa Holders Only)

The above forms can be filled out on your computer and printed. Make sure you sign and date it as required. Anything you cannot fit by typing, you can handwrite after you print it (very neatly) in black ink instead.

Print the following webpage out (K-1 Visa Holder Only😞
>> RM 10211.530

Find your local Social Security Agency (SSA) Office:
Click here to Find your SSA Office

Reminder:

On the visa application Form DS-230, you saw the following offer:

"Do you want the Social Security Administration to assign you an SSN (and issue a card) or issue you a new card (if you have an SSN)? You must answer "Yes" to question 43b ("Consent To Disclosure") to receive an SSN and/or card."

Please note that this program is ONLY for Immigrant Visa holders (CR-1, etc). If you checked this box, a Social Security number will NOT be generated for you if you are a K-visa holder. As a K-visa holder, use the following guide to get your first, or replacement, Social Security number/card. If you have ever had a Social Security number, that is your number for life; you will need to visit your SSA office to get new card with the same number.

The Application Process:
  :: For K1 Visa Holders ::

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either. You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These documents are proof of your eligibility to file for a SSN:
  1. The SS-5 form you downloaded and filled out (they have some at the office if you forget). 2. your Passport (with the K-1 Visa in it) 3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94 4. another form of valid ID (as defined in the SS-5 instructions) 5. You should also bring the document RM 10211.530 that you printed out
Make sure to bring all the documents above because some offices have staff that are not aware that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not you could be turned away incorrectly.

Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.   :: For K2, K3, K4 Visa Holders ::

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to show this to the SSA agency to be eligible to receive a SSN.

To apply for a SSN you will need to go to your local SSA office and bring:
  1. The SS-5 form you downloaded and filled out (they have some at the office if you forget). 2. Passport (with the K-2, K-3, or K-4 Visa in it) 3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94 4. another form of valid ID (as defined in the SS-5 instructions) 5. A valid EAD
Only persons age 12 and older must apply in person. A derivitive visa beneficiary (K2 for example) may elect to have their parent (the K1 for example) apply on their behalf (they will still need all the required documents). The SSA will most likely need to verify the validity of the EAD and will make a copy to send to the USCIS as part of the SSN processing. Once they verify the EAD you will receive your SSN card in the mail.

You can check on the status of your SSN application and/or often get the SSN in advance by returning in person to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.  
 

Note: When filing for Adjustment of Status K1 and K3 Visa holders are required to submit their paperwork at this address.

After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link

Download the Following Forms:

1. I-485
2. I-944 (no longer required as of March 9, 2021)
3. I-864
4. I-765 (optional)
5. I-131 (optional)
6. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-485 Package: Checklist     
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*.
>> The fee for I-485 applications includes 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). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. 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 I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.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. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation 13. 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 as well as payment as noted here. 14. 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 or photos as well as payment as noted here.   * 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.
"Cover Page" Information:
In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes:

-- the applicants contact information (name, address, phone number)
-- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application)
-- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc)
-- A line with the applicants signature and date

I-944 (Declaration of Self-Sufficiency) Information:
This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here.


Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Where to File Everything:

Applicants are required to mail applications to this address (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.


After Filing: What Happens?

I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed.

Employment Authorization and Advance Parole Processing

If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits:

 Estimated EAD Processing Times
 Estimated AP Processing Times

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

Biometrics

Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer.

Interview (in person) for Adjustment of Status

Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks).

Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them.

NOTES:

(1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date.

(2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.

Each year tens of thousands of visas are issued to a spouse or fiance of an American Citizen so that they may move to the US and be with their loved ones. For a non US Citizen Fiancé(e) the most common way of bringing them to the US is a K-1 (fiance) Visa. For a non-US Citizen spouse there are several common ways to bring them to the US, each with their own Pro's and Con's. Listed below are the common ways to bring a non-US Citizen Fiancé(e) or spouse to the US as well as a few Pro's and Con's for each option.
 
Marriage Based Visa Comparison Table
 
Visa Type
K-1 K-3 IR-1 / CR-1 DCF Marital Status Engaged Married Married Married Time for Visa (Months) 13.5 16 18.5 3 Requires AOS Yes Yes No No Requires EAD Yes Yes No No Req. Travel Doc Yes No No No Time to Greencard (Months) 22.5 20.5 18.5 3 Total Cost $1650 $1705 $903 $945 Extra Notes Must be married within 90 days of entry. AOS must be filed in order to gain Legal Permanent Resident status. Failure to file AOS before I-94 expires accrues out-of-status days. After entering the US, may file for AOS within two years or instead wait for I-130 to be approved and pursue IR-1 / CR-1 Visa. Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely. US consulates typically only do this for US citizens who live overseas. DCF results in a IR-1 / CR-1 Visa.

Fiancé(e) Visa (K1) In General
  A K-1 Visa allows a Non-US Citizen Fiancé(e) to a US Citizen to legally enter the US and Adjust Status to become a Legal Permanent Resident. The process of obtaining a K-1 Visa starts by the U.S. citizen filing a form "I-129F: Petition for Alien Fiancé(e)" with the USCIS (United States Citizenship and Immigration Services). The USCIS is responsible for processing this petition and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Fiancé(e).

Upon receiving the approved I-129F petition, the US Consulate will contact the Non-US Citizen Fiancé(e) and request certain information be gathered and provided to the US Consulate. Additionally there will be an actual "visa interview" in person (at the consulate) for the K-1 Visa. If the embassy approves the K-1 Visa, they will issue the visa typically within two to three days after the interview.

Once the Non-US Citizen Fiancé(e) receives the K-1 Visa they may enter the US any time within six months of the visa being issued. Arriving in the US it is important to note that they must get married to the US Citizen who petitioned their K-1 Visa within 90 days and file for Adjustment of Status (AOS) to become a Legal Permanent Resident. If they fail to do this within 90 days of entry into the US they may accrue unlawful status inside the US as defined by the USCIS. This may potentially affect future immigration benefits they file for. You may view the K-1 current and historical processing time trends to get a better idea of the time the process may take at various stages. Unless an engaged couple decides to get married, this is their main visa option. If they decide to get married they will need to file for a K-3 or IR-1 / CR-1 Visa instead.
 
Pluses
   "Relatively" fast process. As fast or quicker than K-3 and/or IR1 / CR-1 Visas (which are only available to married couples).

 Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US. As a note, typically an EAD is applied for at the same time as the K-1 Visa Holder files for AOS (after marriage). Generally an EAD is issued within 90 days of the application being received.

 The K-1 Visa allows time for an engaged couple to be together in the US before marriage since the visa is good for 90 days. The Non-US Citizen Fiancé(e) must marry the US Citizen and apply for AOS to remain in the US. If they do not marry there are no other methods to remain in the US and they must return home.
Minuses
   The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US.

 In nearly all cases, if the marriage fails prior to the K-1 Visa Holder's AOS application being approved there are no other options for legally remaining inside the United States; the K-1 Visa Holder will be required to leave the US.

 A K-1 Visa Holder only has "valid status" for 90 days after they enter the US (and must be married and apply for AOS by that time to not accrue "unlawful status". This 90 day window may not be extended.

 Only U.S. citizens can file for a fiance visa.


Spousal Visa (K3) In General
  A K-3 Visa allows a Non-US Citizen (spouse) married to a US Citizen to legally enter the US and adjust status to become a Legal Permanent Resident. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred).

The process of obtaining a K-3 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed to petition for an IR1 / CR1 Visa (see next section). What makes the K-3 Visa special is that instead of waiting for the I-130 to be approved, the US Citizen may, upon receipt of the I-130 being accepted by the USCIS, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less. The USCIS is responsible for processing the I-129F and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Spouse.

The remainder of the process at the embassy is similar to the K-1 Fiancé(e) Visa process. After the K-3 Visa is approved byt he US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. At any time within these two years they may file for and initiate an Adjustment of Status (AOS) process with the USCIS (to become a Legal Permanent Resident). If so they will be deciding to Adjust Status within the US (just like a K-1 Visa Holder would) and will follow the normal AOS process which may take six months or even longer in some regions of the US. Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa. In this case they would abandon their status as a K-3 Visa Holder and re-enter the US as a IR-1 / CR-1 Visa Holder. Entry into the US as a IR-1 / CR-1 Visa Holder results in the immediate conversion to becoming a Legal Permanent Resident (your green card is mailed out shortly after arrival in the US).

You may view the K-3 current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file solely for a IR-1 / CR-1 Visa instead of a K-3 Visa. See the next section for details.
 
Pluses
   Once in the US, may apply for a social security card and an Employment Authorization Document (EAD). Employment may be freely obatined while the K-3 Visa and EAD are valid.

 NO Advance Parole (AP) (unlike a K-1 Visa Holder needs) is required for travel to and from the US while the K-3 Visa is Valid. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa.

 K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status.

 The K-3 Visa Holder may apply for Adjustment of Status within the US BEFORE the underlying I-130 petition is approved.

 Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.
Minuses
   will have to file Adjustment of Status after entry to the US or once their I-130 petition is approved (while their K-3 Visa is valid) return to their home country to be interviewed for an IR-1 / CR-1 Visa.

 May only adjust status based on marriage to original US Citizen petitioner.

 If the marriage fails before Adjustment of Status is complete, the K-3 Visa Holder will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails.

 An Employment Authorization Document (EAD) must be obtained and there will be some waiting time before the K-3 Visa Holder can work. The exact amount of time for for an EAD to be approved is roughly 90 days.
 
 
 
Spousal Visa (IR1 / CR1) In General
  A IR-1 / CR-1 Visa allows a Non-US Citizen (spouse) married to a US Citizen (see note at end) to legally enter the US, immediately becoming a Legal Permanent Resident upon entry. This option may take longer than obtaining a K-3 Visa. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred).

The process of obtaining a IR-1 / CR-1 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed if a couple intends to obtain a K-3 Visa (see above section). The USCIS is responsible for processing the I-130 and if approved will forward the petition to the National Visa Center (NVC). The NVC may request certain information be provided to them (initial case processing) prior to forwarding the completed package to the consulate serving the location of the Non-US Citizen Spouse.

The visa processing at the US Consulate is similar to other family visas such as the K-1 and K-3 however the IR-1 / CR-1 Visa is an "Immigrant Visa", which means the Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.

You may view the IR-1 / CR-1 Visa current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file for a K-3 Visa while waiting for their I-130 to be approved. This is done by filing an I-129F after the I-130 has been received by the USCIS. See the above section for details.

Note: Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately.
Pluses
   This is an "Immigrant" Visa and will as such allow the applicant to arrive in the US as a Legal Permanent Resident.

 After entry into the US, as a Permanent Resident they may seek employment without restrictions. No Employment Authorization Document (EAD) is required.

 After entry into the US, as a Permanent Resident they will not require special permission to leave the US for travel. No Advance Parole (AP) document is required.

 IR1/CR1 Visas often do not take much longer than the K-3 Visa option. The benefit of entering the US and immediately becoming a US Legal Permanent Resident (Green Card Holder) to many people is worth the additional small wait in time.
Minuses
   Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.
 
 


Direct Consular Filing In General
  Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must typically be met:

To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.

If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.
 
Pluses
   Potentially (if qualified) the quickest route to admission to the US and to Legal Permanent Resident in the US, based on marriage. The process usually takes less than 3 months

 The IR-1 / CR-1 Visa Holder has the same rights as if they had gone through the USCIS in the US initially.

 Wait times for the visa interview can be one week to three months, which is still faster than other marriage based visa options!
Minuses
   Consular policies can change over time, and one should always confirm with the consulate that they will do this process.

 US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.
 
Additional Notes on DCF Notes about DCF:

To find out whether you can file a petition at a specific post abroad, you must ask that post. For information on how to contact the post, please visit their specific U.S. Embassy or Consulate website.
 

Background:

A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

The USCIS provides additional information here.

Download the Following Forms:

1. I-751

The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-751 Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Sheet (example here) 3. Form I-751, Petition to Remove the Conditions on Residence (see example form) 4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children) 5. Evidence of Bona fide Relationship (see below)
Evidence of Your Bona fide Marital Relationship

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.


Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):
1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both
Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)?

Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.

Preparation:

Download the Following Forms:
1. Application for a Social Security Card (SS-5)
2. I-765, Application for Employment Authorization (K-2, K-3, and K-4 Visa Holders Only)

The above forms can be filled out on your computer and printed. Make sure you sign and date it as required. Anything you cannot fit by typing, you can handwrite after you print it (very neatly) in black ink instead.

Print the following webpage out (K-1 Visa Holder Only😞
>> RM 10211.530

Find your local Social Security Agency (SSA) Office:
Click here to Find your SSA Office

Reminder:

On the visa application Form DS-230, you saw the following offer:

"Do you want the Social Security Administration to assign you an SSN (and issue a card) or issue you a new card (if you have an SSN)? You must answer "Yes" to question 43b ("Consent To Disclosure") to receive an SSN and/or card."

Please note that this program is ONLY for Immigrant Visa holders (CR-1, etc). If you checked this box, a Social Security number will NOT be generated for you if you are a K-visa holder. As a K-visa holder, use the following guide to get your first, or replacement, Social Security number/card. If you have ever had a Social Security number, that is your number for life; you will need to visit your SSA office to get new card with the same number.

The Application Process:
  :: For K1 Visa Holders ::

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either. You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These documents are proof of your eligibility to file for a SSN:
  1. The SS-5 form you downloaded and filled out (they have some at the office if you forget). 2. your Passport (with the K-1 Visa in it) 3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94 4. another form of valid ID (as defined in the SS-5 instructions) 5. You should also bring the document RM 10211.530 that you printed out
Make sure to bring all the documents above because some offices have staff that are not aware that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not you could be turned away incorrectly.

Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.   :: For K2, K3, K4 Visa Holders ::

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to show this to the SSA agency to be eligible to receive a SSN.

To apply for a SSN you will need to go to your local SSA office and bring:
  1. The SS-5 form you downloaded and filled out (they have some at the office if you forget). 2. Passport (with the K-2, K-3, or K-4 Visa in it) 3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94 4. another form of valid ID (as defined in the SS-5 instructions) 5. A valid EAD
Only persons age 12 and older must apply in person. A derivitive visa beneficiary (K2 for example) may elect to have their parent (the K1 for example) apply on their behalf (they will still need all the required documents). The SSA will most likely need to verify the validity of the EAD and will make a copy to send to the USCIS as part of the SSN processing. Once they verify the EAD you will receive your SSN card in the mail.

You can check on the status of your SSN application and/or often get the SSN in advance by returning in person to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.  
 

Introduction: 
How does an alien fiance or spouse's criminal record affect immigration to the United States?

What kinds of Crimes are we talking about?

A previous criminal record may affect the ability of a fiance or spouse to immigrate to the US. The law has specific guidelines in it that may exclude some foreign fiances or spouses from entry into the US, if their crimes are of a certain type. The most common type of excludable crime is one of "moral turpitude." However, there are several other factors to be considered, and every case is slightly different.

A criminal record's impact on immigration, in general, depends on several things:
 
the type of the crime: crimes of "moral turpitude" are more serious in nature and may cause exclusion from immigration to the US. the age the person was when the crime was committed: in general, crimes committed before age 18 are not considered as serious, and under the age of 15 even less serious, however two moral turpitude crimes under the age of 18 may still cause exclusion. the length of the sentence that was imposed: a sentence of 6 months or more makes the situation more complicated. the amount of time since the crime was committed: over five years prior to immigration helps to some extent. crimes involving controlled substance violations, even marijuana, are viewed very seriously, especially if the conviction was for drug trafficking.
Here are some links that are most definitely recommended reading:
 
travel.state.gov americanlaw.com criminalandimmigrationlaw.com
Filing a Waiver

How Do I File A Hardship Waiver?

If you are an immigrant fiance or spouse with a criminal history, you should obtain and bring your court records with you to your visa interview, because the consulate will ask to see them. If you have the records with you, it helps to make things move faster. If your visa is denied, you may be eligible to file for a waiver. (but you cannot file for a waiver until you have been denied the visa) If you are reasonably sure that you will require a waiver, your US citizen fiance/spouse can go ahead and download the I-601 waiver form and compose a letter indicating why you should be granted the visa. Your US fiance/spouse should send the letter and form to you to take along to the interview. Then, if you are told you need to file the waiver, you will have the waiver form and letter all ready to hand in right at the interview, thus saving some more time.

The US citizen has to show to the satisfaction of the consulate that there is hardship to the US citizen because of your denial and why he/she cannot live in the foreign country instead of the US. There are several things that may validly be used as reasons in the letter that the US citizen writes for the waiver:
 
U.S. citizen children who need schooling in the US. U.S. citizen children who cannot leave the US due to previous spouse not granting immigration consent U.S. citizen children who would have to stay behind in the US that you would not be able to visit frequently. U.S. citizen inability to speak the language of the foreign country. U.S. citizen's lack of employment in the foreign country. U.S. citizen's need to care for aging parents or relatives in the US.
 
U.S. citizen's ownership of properties in the US that he/she does not want to sell or cannot sell for specific reasons.
U.S. citizen's preference that you want to live in the US because it is your native country and you are a citizen of that country. excessive cost involved in moving your household members and goods to the foreign country, including plane fares and transport of goods. U.S. citizen's financial loss due to the separation. get character reference letters from anyone who can provide these for the immigrant fiance/spouse. get letters from doctors, clergymen, and the like, regarding emotional suffering that the US fiance/spouse is experiencing as a result of the separation. Any letters submitted are best notarized and should include the name, address, social security number, date and place of birth of the person writing the letter. Below are cases which go into defining "extreme hardship", I suggest that you read and study these for more information on what kinds of things may be helpful in defining "hardship":

--- 3380.pdf
--- The Kao/Lin Case 5/4/01, a new decision that is worth reading
--- The Agwu Okpa Case, 6/7/01, another new decision you will find informative Remember: The goal is to show hardship to the U.S. Citizen, NOT to the immigrant fiance or
spouse!
The US citizen may file the waiver form without attorney assistance, however using an attorney may improve the chances of success, in order to be sure that the case is presented in the best light. Attorney assistance is generally recommended for filing a waiver.


What Does the Law Say About Crimes?

The following links provide additional information on the law regarding moral turpitude:

 https://travel.state.gov/visa;ineligible.html
 0940021aPN.pdf

BE WARNED:
You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.
Download the Following Forms:

1. I-130
2. I-130A
3. I-864
4. I-485
5. I-765 (optional)
6. I-131 (optional)
7. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can hand-write (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-130 Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), 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. 3. Form I-130: Petition for Alien Relative 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) 6. A copy of petitioner's proof of permanent residency. (If applicable) 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh) 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. Two passport-type photos (see specification) of the US Citizen. Write the full name on the back of each photo. 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 I-130. 12. Two passport-type photos (see specification) of the foreign spouse. Write the full name of the beneficiary on the back of each photo. 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 I-130. 13. Evidence of a bonafide marriage (see note below for what to include) 14. Form I-130A: Supplemental Information for Spouse Beneficiary  
Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
    1. Documentation showing joint ownership or property; or 2. A lease showing joint tenancy of a common residence; or 3. Documentation showing co-mingling of financial resources; or 4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or 5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or 6. Any other relevant documentation to establish that there is an ongoing marital union.

Assembling the I-485 Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*.
>> 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). 2. 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. 3. Form I-485: Petition for Alien Relative 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 6. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 8. A certified copy of your marriage certificate. (If filing for your spouse) 9. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. 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 I-485. 12. I-693, Medical Examination of Aliens Seeking Adjustment of Status 13. I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation 14. 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 as well as payment per USCIS instructions. 15. 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 or photos as well as payment per USCIS instructions. 16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10 17. I-601, Application for Waiver of Grounds of Excludability**, if applicable   * Fingerprint fee not needed for applicants under 14   ** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended.  
Add an overall cover page:

It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc).

I-944 (Declaration of Self-Sufficiency) Information:

This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here.

Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Where to File Everything:

You should mail the completed form(s) to the USCIS address here (Note the PO Box address for your filing type: Form I-130 with Form I-485). Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.

After Filing: What to do?

Now starts the waiting game. If you filed for an EAD, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued.
 
After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petitions!
 
Your spouse may also be required to have a medical sometime during the AOS process. The medical must be done by a CIS accredited doctor. Your CIS office should give you a list of CIS accredited doctors in your area, if not check with your local office to get one. The medical exam can cost anywhere from $100-200 dollars, many physicians will not take a check, but only accept cash. Be prepared of the cost before your spouse gets this done. It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis. If they do the skin test for TB, they will be required to return to the CIS doctors office to have the site checked before they finish the exam paperwork. Note: Some CIS Offices allow you to schedule your appointment when you want, as long as it is done before the AOS appointment, check with your CIS office to see how they handle CIS medical exams before filing your AOS paperwork.
 
Your spouse will be required to have biometrics taken at some point including fingerprints and photo's. This can typically precede the interview date by up to 15 months, however is ussually much closer. Eventually you will receive a letter from the CIS informing you of your interview date. You and your spouse will need to bring supporting evidence of the relationship... i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any etc. Also, it is very important to bring the current passport of the applicant, as the CIS will stamp his/her passport with the I-551 stamp if they are approved. This stamp is proof of permanent residency that can be used until they receive their greencard. This normally can take up to six months. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes.
 
NOTE: If you are married less than 2 years, your spouse will have to renew his/her greencard 2 years from issuance by filing the I-751 to remove conditional status.

 This information is for U.S. citizens who wish to bring a sibling to live permanently in the United States. Only U.S. citizens can bring their siblings to live permanently in the U.S.. Lawful Permanent Residents can not.
 
Definition of a Sibling (per the USCIS)
A sibling is a brother, sister, stepbrother, stepsister, or adopted brother or sister. For the necessary sibling relationship to exist, each person must have been a child of at least one of the same parents. The siblings need not share the same biological parents as long as both became 'children' at the appropriate time (before the age of 16 in cases of adoption, and before the age of 18 for stepchildren).

 
Overview of the Immigration Process
A legal immigrant (or 'lawful permanent resident') is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your brother or sister to become a legal immigrant:
 
The USCIS must approve an immigrant visa petition that you file for your brother or sister. The State Department visa bulletin must show that a sibling immigrant visa is available to your sibling, based on the date that you filed the immigrant visa application. If your brother or sister is outside the United States when an immigrant visa number becomes available, your brother or sister will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your sibling is legally inside the U.S. when an immigrant visa number becomes available, he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.  
Depending on the relationship and the country involved, the wait for an available sibling visa number may be several years. You may refer to the Department of State's Visa Bulletin for current priority dates.
 
What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant visas for siblings, please see INA § 203 and INA § 204. The specific eligibility requirements and procedures for applying for immigrant visas and permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.1, 8 CFR § 204.2 and 8 CFR § 245.
 

Who is Eligible to Sponsor a Sibling?
If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to apply to bring your brother or sister to live and work permanently in the United States.

 
How Do I File the Visa Petition?
For more information on how to petition for your brother or sister to live in the United States permanently, please see the Petitioning Procedures.

 
How Can I Check the Status of My Visa Petition?
To check the status of your visa petition, you can check the processing times for the location you filed.


Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to help you in applying for an immigration benefit.

Note: For complete and always up to date information we always recommend you visit www.uscis.gov.

Background:

A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

The USCIS provides additional information here.

Download the Following Forms:

1. I-751

The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-751 Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Sheet (example here) 3. Form I-751, Petition to Remove the Conditions on Residence (see example form) 4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children) 5. Evidence of Bona fide Relationship (see below)
Evidence of Your Bona fide Marital Relationship

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.


Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):
1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both
Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)?

Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.

Overview
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).
 
Here are some examples of activities permitted with a visitor visa:
 
Business (B-1):
 
Consult with business associates Attend a scientific, educational, professional, or business convention or conference Settle an estate Negotiate a contract Learn more about Business Travel to the United States  (PDF - 362 KB)  on a visitor visa.
 
Business (B-2):
 
Tourism Vacation (holiday) Visit with friends or relatives Medical treatment Participation in social events hosted by fraternal, social, or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation) Learn more about Visitor Visas - Business and Pleasure  (PDF - 1020 KB).
 
Travel Purposes Not Allowed on Visitor Visas:
 
Study Employment Paid performances, or any professional performance before a paying audience Arrival as a crewmember on a ship or aircraft Work as foreign press, in radio, film, print journalism, or other information media Permanent residence in the United States
How to Apply
There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the U.S. Embassy or Consulate website.
 
Complete the Online Visa Application
 
Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview. Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.  
Schedule an Interview
 
Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.
 
If you are age: Then an interview is: 13 and younger Generally not required 14-79 Required (some exceptions for renewals) 80 and older Generally not required  
You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. 
 
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply: 
 
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
 
Prepare for Your Interview
 
Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality. Fee information is provided here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html Review the instructions available on the website of the U.S. Embassy or Consulate where you will apply to learn more about fee payment.  
Gather Required Documentation
 
Gather and prepare the following required documents before your visa interview:
Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport. Nonimmigrant Visa Application, Form DS-160 confirmation page. Application fee payment receipt, if you are required to pay before your interview. Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.  
Additional Documentation May Be Required
 
Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:
 
The purpose of your trip, Your intent to depart the United States after your trip, and/or Your ability to pay all costs of the trip. 
  Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.
 
Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.
 
Attend Your Visa Interview
 
A consular officer will interview you to determine whether you are qualified to receive a visitor visa. You must establish that you meet the requirements under U.S. law to receive a visa.  

Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.
 
After your visa interview, the consular officer may determine that your application requires further administrative processing.  The consular officer will inform you if this required.
After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the visa processing times to learn more.
 
Entering the United States
 
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
 
Extending Your Stay
 
See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94. 
 
Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 
 
Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.
 
Change of Status
 
If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See Change My Nonimmigrant Status on the USCIS website to learn more.
While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.
 
Additional Information
 
An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States. There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa. A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. 

Background:

A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

The USCIS provides additional information here.

Download the Following Forms:

1. I-751

The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-751 Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Sheet (example here) 3. Form I-751, Petition to Remove the Conditions on Residence (see example form) 4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children) 5. Evidence of Bona fide Relationship (see below)
Evidence of Your Bona fide Marital Relationship

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.


Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):
1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both
Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)?

Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.

The following sections have example questions that were asked of real life applicants. When available the location* that the questions were asked is noted. These questions are not an inclusive list and should only be used to get a "feel" for the types of things that will be asked. Indeed many interviewers may ask more or less questions, easier or harder questions, and in general many things that this list does not include. Please only use this as a general guide to help you understand in what types of things may be asked.

>> If you wish to add an example interview question that does not appear here please contact us!

 K-1 Visa Interview Example Questions
 K-3 Visa Interview Example Questions
 K-4 Visa Interview Example Questions
 Adjustment of Status Interview Example Questions

*Remember that the locations that the questions were asked at is only for reference and these questions are generic across all locations for the same benefit type.

K-1 Visa Interview Questions Location* Question Germany How long do you know your fiance? Germany How did you meet? Germany Have you ever been to the US? Germany When is the last time you have seen your fiance? Germany When will you leave for the US? Hong Kong (China) When did we meet in person? Hong Kong (China) When did my fiance propose? Hong Kong (China) Why was my fiance's first marriage not working out? Hong Kong (China) Does my fiance have any kids? How many, how old, who do they live with? Hong Kong (China) When did my fiance divorce? Hong Kong (China) What is my fiance's birthday? Hong Kong (China) What is my birthday? Hong Kong (China) Does my fiance's have any brothers and sisters? Hong Kong (China) Do I have any brothers and sisters? Hong Kong (China) Where do my fiance's parents live? Hong Kong (China) What does my fiance do for a living? Hong Kong (China) Where does my fiance live? Hong Kong (China) Where was he born? Hong Kong (China) What do I love about my fiance? Hong Kong (China) When am I going to leave? Hong Kong (China) When are we going to have the wedding? Hong Kong (China) Have I ever applied for a traveling visa? Hong Kong (China) Where did my fiance visit when he was here?

K-3 Visa Interview Questions Location* Question Canada Where did you meet? Canada Has he been to Canada? Canada Have you ever lived in the USA? Canada Where does he work and what position does he hold? Canada How did you meet? Canada Where did you meet the first time? Canada How long have you known each other? Canada What does he do for a living? Canada What do you do for a living? Canada Does he have children? Have you met them?

K-4 Visa Interview Questions Location* Question Canada Have you met your step dad? Canada What does he do? Canada Does he have children? Do you know how old they are?

Adjustment of Status Questions Location* Question Various Name and address. Various Name and Date of Birth of Spouse. Various When and where did you meet your spouse? Various Describe this 1st meeting. Various Did you make arrangements to meet again? Various Did you exchange phone numbers? Various When did you meet next? Various Where were you living at the time? Where was your spouse living? Various When did you decide to get married? Where were you at the time? Various Did you live together before marriage? Various When and where did you get married? How did you and your spouse get to the church, courthouse, etc.? Various Who were the witnesses to the ceremony? Various Did you exchange wedding rings? Various Where had you purchased these rings? Did you and your spouse purchase them together? Various Did you have a reception after the ceremony? Various Where was it held? Various Do you have any photos of the ceremony and /or reception? Various Describe the reception. Various Did any of your, and your spouse’s, family members attend? If so, who? Various Did you go on a honeymoon? If so, when and where? Various If you did not have a reception, what did you do after the wedding ceremony?   Adjustment of Status Questions Continued... Location* Question Various Where did you live after the wedding? Various Describe the place where you lived right after the marriage. Number of bedrooms and bathrooms; furnishings; color of walls, floor coverings, appliances, etc; type of air conditioning, heating, etc; # of telephones, televisions, etc. Do you have cable television? Various Where did you get the furniture? Was it already there, did you buy it, was it a gift, or did it come from your, or your spouse’s, previous residence? Various If brought to the house or apartment, describe how it was transported. Various Describe your bedroom. Where do you keep your clothes? Where does your spouse keep his or her clothes? Where are the bathroom towels kept? Where do you keep the dirty clothes? Various Where is the garbage kept in the kitchen? Various On what day of the week is the garbage picked up? Various Where do you shop for groceries? Do you go together with your spouse? How do you get there? Various Where do you work? What days of the week do you work? Various What hours do you work? What is your salary? Various What is your telephone # at work? Various When was the last vacation you had from work? Various Did you and your spouse go anywhere together at that time? Various When was the last vacation you and your spouse took together? Various Where did you go? How did you get there? Describe it. Various Where does your spouse work? What days of the week? What hours? What is the salary, if you know? Various What is your spouse’s telephone # at work?   Adjustment of Status Questions Continued... Location* Question Various When was the last time your spouse got a vacation from work? Various Do you or your wife have any scars or tattoos? If so, where on the body? Various Do you know your spouse’s family members? If so, which ones? If your spouse has children from a previous marriage, their names, ages, where they live, and where they go to school, if applicable. Various Where do you live now? (If different from where you lived right after the marriage, then go over the same questions as above). How much is the rent? When is it paid? How do you pay it? Various Do you have a bank account together? Where? What kind of account? (Checking, savings). Various Are both of you listed on the account? (Do you have a bank letter, cancelled checks, etc.?) Various Did you file a joint tax return this year? Do you have a copy with you? Various Do you own any property together? What property? Did you bring copies of the documents with you? Various What kind of automobile do you and your spouse have? Describe them. Various Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy? Various Have you taken any trips or vacations together? Do you have photos from these trips? Various Do you have any utility bills, or receipts from items you have purchased together? Various What other documentation do you have to show that you are living together as husband and wife? Various Do you have any pets? What kind, what are their names, and describe them? Various What did you do for Christmas, New Year’s, your anniversary, or you or your spouse’s last birthday? Did you exchange gifts? If so, what kind of gift? Various Did you or your spouse go to work yesterday? If so, at what time did you and/or your spouse leave the house and return? Various Who cooks the meals at the house? Various What is your spouse’s favorite food? What is your favorite food?   Adjustment of Status Questions Continued... Location* Question Various Does your spouse drink coffee? If so, does he or she use cream and/or sugar? Various Did you eat dinner together last night? Did anyone else have dinner with you? What did you have? Various What time was dinner served? Who cooked it? Various Did you watch TV after dinner? What shows did you watch? Various At what time did you go to bed? Who went to bed first? Various Did you have the air conditioning or heater on? Various Who woke up first this morning? Did an alarm clock go off? Various Did you or your spouse take a shower? Various Did you come to the interview together? Who drove? Various Did you have breakfast? Where and what did you eat?

You may also find useful this USCIS video on the naturalization interview:

 

USCIS case number has the following format ("-" hyphens omitted):
  AAABBCCCDEEEE
  Where the values above are as follows:
  AAA The USCIS service center or office that received your case   SRC - Texas Service Center (TSC)
LIN - Nebraska Service Center (NSC)
WAC - California Service Center (CSC)
EAC - Vermont Service Center (VSC)
MSC - Missouri Service Center (MSC)
NBC - National Benefits Center (NBC) BB USCIS fiscal year (October 1 to September 30).
Cases filed from 10/01/2013 to 09/30/2014 will have BB=14 CCC The working day of the fiscal year when your case is received.
10/01/13 = 001 D Internal USCIS use (typically 5) EEEE Starting at 0001, the order your case was recieved that day
The USCIS I-797 Receipt Notice from USCIS
(or automated email) Contains Your Receipt Notice:

Checking Your USCIS Case Status With Your Receipt Number
 
You can check your USCIS case via several methods:
 
 Online at the USCIS Case Status Page (preferred method)
 
 Via phone by calling 1 (800) 375-5283
 
 Via email the appropriate USCIS Service Center that is processing your case:
 
 California Service Center: csc-ncsc-followup@dhs.gov  Vermont Service Center: vsc.ncscfollowup@dhs.gov  Nebraska Service Center: ncscfollowup.nsc@dhs.gov  Texas Service Center: tsc.ncscfollowup@dhs.gov  
Tracking Your Case Using the VisaJourney Timeline
 
You can create an immigration timeline here at VisaJourney giving you the following benefits:
 
 Estimated approval dates for each phase of your case  Updates (turn on the auto timeline subscription tool to enable) when other members with similar cases are approved (meaning you will be soon after)  Statistics on other cases, USCIS and consulate processing times  Tracking of how many people are ahead of you in the queue (so you can see when you are close to being approved)  Many other features as well!

Disclaimer: The flowchart below is designed to illustrate a typical K-1 Visa application process and should be used for reference only. This flowchart can not take in to consideration a great number of variables and/or events that may alter this flowchart for a particular case such as a Request for Evidence (RFE). Please read the Terms and Conditions for more information.

Please begin by reading the Step-by-Step Guide to the K-1 process (for the US Citizen). You should also refer to the K-FAQ's for more information. The timeline below will help you visualize the entire process. Please note that the details of the process are not included below, they can be found in the links mentioned previously.

BEGIN:
Timeline (approx) Step Information Varies 1. U.S. Petitioner gathers various documents U.S. Petitioner gathers various documents (birth certificate etc) to send with I-129F
* Start ASAP N/A 2. I-129f Package sent U.S. Petitioner sends compiled I-129F package to the USCIS Dallas Lockbox which will forward the package for processing.
* Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. 2-3 Weeks 3. 1st Notice of Action (NOA) U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened
*Typical wait time is 2-3 weeks after the Service Center receives the I-129F. See Processing Times 4. 2nd Notice of Action (NOA) U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved
* Start gathering documents needed by beneficiary (Fiance(e)) - See K-1 Guide.

*Beneficiary can research and prepare forms required by embassy. 2 Weeks 5. Case Forwarded by your Service Center to the National Visa Center (NVC) Case Forwarded by your Service Center to the National Visa Center
*Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :). 1-4 Weeks 6. Case Forwarded by NVC to U.S. Embassy in your fiance(e)'s country Case Forwarded to U.S. Embassy as specified in the I-129F.
*NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days. 1 week 7. Case received by Embassy from NVC Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e).
*5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it. 1 week 8. Forms and Checklist sent to Beneficiary Forms and Checklist sent to foreign Beneficiary (Fiance/e).
*This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview. Varies 9. Foreign Beneficiary compiles required forms Beneficiary fills in Forms and assembles various documents
*The downloads section for K-1 Visa's has a list of some forms the fiance(e) will need. You can practice with these forms. N/A 10. Completed Forms sent to Consulate Beneficiary sends completed Forms to U.S. Embassy N/A 11. Fiance(e) must attend medical interview prior to interview Attend medical appointment.
*Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor.
*This may occur after an interview date is given. 1 week to issue date 12. U.S. Embassy issues Beneficiary with Interview date U.S. Embassy issues Beneficiary with Interview date
*This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy. 1 Month to interview 13. Beneficiary has Interview at U.S. Embassy Beneficiary has interview at U.S. Embassy for K-1 visa. All being well case is approved.
*K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions.

Timeline (approx) Step Information N/A 14. Beneficiary travels to and enters the U.S. Beneficiary travels from their country to be with the U.S. Petitioner (Fiance(e)) in the US.
*Must enter the US within (typically) 6 months of the K-1 being issued. 5-20 minutes 15. Point of Entry (POE) in U.S. Beneficiary arrives at Point of Entry (POE) in U.S. and shows K-1 to the immigration officer. 1 hour (early morning) 16. Apply for Social Security Number Apply for Social Security Number (SSN)
*See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc). 1 hour 17. Apply for marriage certificate Apply for marriage certificate. Must marry within 90 days of entering the U.S. on a K-1 visa. VARIES! 18. Get married Get married. and give each other a pat on the back. You've both earned it! 1 hour (early morning) 19. Change name on SSN Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name. Varies! 20. Complete I-693 Complete I-693 per the K1/K3 AOS Guide. This is required so that your vaccinations can be documented properly on the I-693 as part of your completed AOS package.
You can complete this step at any time after entering the US. N/A
(File asap once you marry) 21. Apply for Adjustment of Status (AOS), EAD, AP Apply for Adjustment of Status (AOS) to receive a "green card" and become a Legal Permanent Resident. You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.
*EAD allows your to work (will need to reapply every year until your AOS (i.e. "Green Card") application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed. Please read this regarding when to file for AOS and not becoming out-of-status. See Processing Times 22. Receive EAD / AP Receive your EAD and AP via US Mail. You will have a biometrics appointment prior to being issued the EAD. See Processing Times 23. Interview for AOS (I-485 approval) Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later.
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.