Tips for K non-immigrant visa holder filing for US green card.

 

The spouse of US citizen already in US on a K visa should file Form I-485 for adjustment of status to lawful permanent resident status and become a green card holder. Important to make sure all necessary documents are filed along.

Support documents for Form I-485

Following documents need to be submitted as evidence:

  •  Passport style color photos two
  •  Biographic Information, Form G-325A,
  •  Photocopy of government issued photo identification
  •  Your birth certificate copy
  •  Passport page with non-immigrant visa copy
  •  Passport page with admission (entry) or parole stamp copy
  •  Admission/Departure Record, Form I-94
  •  For K-1 visas holder evidence of your marriage to the U.S. citizen within 90 days
  •  If applicable report of Medical Examination and Vaccination Record, Form I-693
  •  Affidavit of Support, Form I-864
  • For K-3 or K-4 visa holders copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending
  • Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Grounds of Inadmissibility, etc.)
  • Applicable filing fees

A K-2 stepchild may have a Immediate Relative Petition, Form I-130 filed on his/her behalf if eligible and necessary to prevent age-out concerns. Those who marry US citizen and are applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf.

Details of medical examination

You are not required to have another medical examination if you received a medical examination prior to admission as a K non-immigrant. But at time of adjustment ensure that:

  • Within 1 year of your overseas medical examination your Form I-485 is filed
  • Class A medical condition  was not revealed in the medical examination
  • You received a waiver of inadmissibility if you did have a Class A medical condition, and you have complied with the terms and conditions of the waiver

You still must show proof that you have complied with the vaccination requirements even if a new medical examination is not required. You will have to have the vaccination report completed by a designated civil surgeon if the vaccination record (DS 3025) was not properly completed and included as part of the original, overseas medical examination report. Therefore in an envelope sealed by the civil surgeon you are required to submit Part 1, Information about You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon’s Certification, of Form I-693.

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