|
FORM I-485 ADJUSTMENT OF STATUS: CONVERTING YOUR FIANCE VISA TO A PERMANENT VISA Once your fiance arrives in America, you have ninety days to get married in order to meet the terms of the fiance visa.
I have heard of several cases where couples were married after the
ninety-day period, but there were usually fines attached by the INS
when they applied for adjustment of status.
In each of the above cases, they were married shortly after the ninety day period – certainly before six months had elapsed.
Technically speaking the Form I-485 Application to Register Permanent
Residence or Adjust Status is supposed to be filed with the INS by the
ninetieth day that your fiance is in America.
Consequently, you need to be married about a week or so before that
date so that you can get a certified copy of the marriage certificate
to include in your application. Don’t forget to allow time for the
honeymoon if you are planning one out of town.
Depending on your local County Clerk’s Office, it may take a few days
to a few weeks in order to get your certified copy of the marriage
certificate. Ask how long it will take to get your certified copy when
you apply for a marriage license.
Completing Form I-485 Application to Register Permanent Residence or
Adjust Status is similar to completing the K-1 Fiance Visa in that all
the same supporting documentation is required when filing.
The basic differences between the two applications are that you must
now provide evidence that you are married. You will need to attach a
certified copy of your marriage certificate. A letter or form supplied
by the person marrying you is not sufficient.
In California, you must have a certified copy of the marriage
certificate from the County Clerk’s Office where you reside, not where
you were married. Other states may have similar requirements or may
differ. Find out when applying for your marriage license.
You will also need to provide evidence of cohabitation such as having
both your names on the mortgage, phone bill, checking account, or other
type of documentation that indicates that you are now living together.
This is to provide the INS officer with sufficient documentation that
this is a real marriage as opposed to a ‘green card marriage.’
Supporting Documentation
You will also need to provide a copy of the Form I-94 Departure Record
showing the date your fiance entered the country, along with the
relevant pages of her passport showing her entry into the US.
You will also be required to file an updated Form I-864 Affidavit of Support, with all updated supporting documentation.
The dates on all of these documents must be within the past ninety days
of the date of your application, so you won’t be able to use the
letters that are dated from your fiance visa application as supporting
documentation for this Affidavit of Support.
You will need all new updated supporting documentation, i.e. letter
from your bank, employer, pay stubs, bank statements, brokerage
statements, as well as a newly notarized Affidavit of Support.
New visa pictures will be required for your wife for her Application
for Adjustment of Status, Travel Document, and Employment Authorization.
Your fiance must take all of her documents to the INS office that
handles Applications for Permanent Residency. This is usually the main
INS office in your local area. See the following website for
information as to INS offices throughout the country:
http://www.ins.usdoj.gov/graphics/fieldoffices/statemap.htm
Application For Permanent Residency Must Be In Person
Your fiance must apply for the Application for Permanent Residency in person.
She takes the entire application package with her and goes to the
closest INS service center listed above. It makes sense for you to
accompany her to avoid any misunderstandings or problems she may have.
Don’t forget to bring all of your supporting documentation. Do not
forget to have copies to give to the INS. They will not return original
documents.
If you feel comfortable with the process, you can complete the
Application for Permanent Residency yourself. An attorney is probably
going to charge you fifteen hundred to two thousand dollars to process
all of your Permanent Residency and associated applications.
If you make a mistake on these forms, there might be a delay in the
process. However, they are not going to refuse admission to the United
States like they would with the Fiance Visa.
Your wife is not going to be deported. So your down side risk is much
smaller with the Adjustment of Status to Permanent Residency than it is
with the Fiance Visa.
by John Kunkle
John has been to Russia and CIS countries many times. He has been successfully married to his Belarussian wife for over five years. He will show you how to meet her, how to bring her home, and how to successfully survive marriage to a Russian woman.
|
