In some cases, a person who has entered the United States using a temporary status can change his or her legal status to gain permanent residency. This process is called “adjustment of status”. The specific requirements and processes involved to adjust status depends on the applicant’s immigration status. In order to complete this process, the applicant must reside in the United States. For example, a K-1 Fiance Visa holders must adjust their statuses to receive their green cards after their marriages. 

Requirements to Apply

  • Must have at least one legal entry into the United States with inspection,
  • Must be the spouse, child, or parent of a US citizen;

Required Forms

  • I-130, Petition for Alien Relative;
  • I-130A, Supplemental Information for Spouse Beneficiary
  • I-485, Application to Register Permanent Residence or Adjust Status
  • I-864, Affidavit of Support Under Section 213A of the Act

Recommended Forms

  1. I-131, Application for Travel Document;
  2. I-765, Application for Employment Authorization;

Required Government Filing Fees

  • $535 for Form I-130;
  • $1225 for Form I-485;

Required Documentation

  • Birth Certificate of Beneficiary
  • Passport OR Birth Certificate of Petitioner (if dependent on marriage)
  • Marriage certificate for Petitioner and Beneficiary;
  • Marriage certificate for Petitioner and Beneficiary’s past marriages;
  • Divorce or death certificate(s) of any previous spouses of both the petitioner and the beneficiary (if dependent on marriage)
  • Evidence of financial support including:
    1. Tax Returns with all supporting documents or IRS Tax Transcripts from the past three years;
    2. Recent Pay Stubs;
    3. Employment Verification Letter;
  • Seven (7)  passport-style photos of the beneficiary
  • One (1) passport-style photo of the petitioner (if dependent on marriage)
  • Medical examination from an authorized civil surgeon;
  • Evidence of relationship between the beneficiary and the petitioner, including: (if dependent on marriage)
    • Photographs of petitioner and beneficiary with family and friends;
    • Correspondence addressed to the petitioner and beneficiary;
    • Correspondence between the petitioner and beneficiary (cards, letters, text/phone records, instant messenger, etc.)
    • Joint accounts, bills, and policy statements  listing both the petitioner and beneficiary, including:
      • Health Insurance Policy;
      • Auto, Home, and/or Renter’s Insurance Policies;
      • Joint checking and/or savings accounts
      • Property documents

The Process

  1. Submit all forms at once to USCIS
  2. Receive USCIS receipt notice;
  3. Receive USCIS biometrics notice and attend biometrics appointment;
  4. Receive USCIS interview notice and prepare for interview;
  5. Attend adjustment of status interview at nearest USCIS Field Office;
  6. If case is approved, your legal permanent resident card is mailed directly to you