Transitioning from a K-1 Visa to a Marriage-Based Green Card: A Step-by-Step Guide

If you’ve recently married a U.S. citizen after arriving in the United States on a K-1 fiancé visa, you’re likely eager to start your new life together. One of the key steps to making that happen is converting your K-1 visa into a marriage-based green card. This transition allows you to live and work freely in the U.S. and is an essential step towards becoming a permanent resident.

At Namona, a trusted family immigration law firm, we understand how crucial this process is for couples, and we’re here to help you every step of the way. This blog post will walk you through the process of adjusting your status from a K-1 visa holder to a green card holder, making the journey as smooth as possible.

The First Step: Get Married Within 90 Days

The clock starts ticking as soon as you enter the United States on a K-1 visa. You and your U.S. citizen partner must get married within 90 days of your arrival. If you don’t get married in this time frame, you may lose your eligibility to apply for a marriage green card.

Check for Potential Barriers

Before applying to adjust your status, it’s important to ensure that nothing stands in your way. Some issues can make you "inadmissible" for a green card, such as:

• Having a communicable disease

• Drug addiction

• A history of dangerous behavior linked to a mental or physical condition

• Failing to provide proof of required vaccinations

If any of these apply to you, don’t panic. You might still be able to proceed by filing Form I-601, which is a waiver that helps overcome these barriers.

Gathering the Necessary Documents

Once you’re ready to apply, you’ll need to gather several important documents. These include:

• Your Arrival/Departure Record (Form I-94)

• Approval notice for the initial K-1 visa petition (Form I-129F)

• Birth and marriage certificates

• Your passport, including the page with your K-1 visa and the entry stamp

• A government-issued ID with a photo

You’ll also need:

• Two passport-style photos

• Form I-864 (Affidavit of Support)

• Form I-693 (Medical Examination and Vaccination Record)

In some cases, additional documents might be needed, such as police records or forms related to previous visas.

Filing Your Application: Form I-485

The main form you’ll need to file is Form I-485, also known as the "Application to Register Permanent Residence or Adjust Status." This form, along with the supporting documents, is your official request to become a lawful permanent resident.

Keep in mind that filing fees are involved. The fee for Form I-485 is typically $1,440, though you may be eligible for a fee waiver depending on your circumstances.

What Happens After Approval?

If your application is approved and you’ve been married for less than two years, you’ll receive a conditional green card. This card is valid for two years, and to remove these conditions, you’ll need to file Form I-751 within 90 days before the green card expires. This step requires proof that your marriage is genuine, such as joint bank account statements, photos, or property deeds.

Once the conditions are removed, you’ll receive a permanent green card, which can be renewed every 10 years.

Get Your Green Card Smoothly with Namona

Transitioning from a K-1 visa to a marriage-based green card is a significant milestone in your journey together. It might seem complicated, but with the right guidance and support, you can navigate the process smoothly.

At Namona, we specialize in helping families like yours through the complex immigration process. Whether it’s adjusting your status, removing conditions, or any other immigration-related issue, we’re here to ensure you and your loved ones have a secure and bright future in the United States.

For more information or personalized assistance, don’t hesitate to reach out to us at Namona. Your new life together in the U.S. is just a few steps away!