Common Mistakes to Avoid When Applying for K-1 Visa Adjustment of Status
Avoid Common Mistakes When Applying for K-1 Visa Adjustment of Status
The K-1 visa (also known as a fiancé visa) is one of the most commonly requested U.S. visas. Although most K-1 adjustments of status are granted, mistakes or omissions can lead to having your application denied. To help you avoid delays or denial of your application, here are some of the most common mistakes to avoid.
What is a K-1 Visa Adjustment of Status?
A K-1 visa is a non-immigrant visa issued to the fiancé of a U.S. citizen that allows the engaged partner to enter the United States as long as the couple gets married within 90 days of entry. After the marriage, the holder of the K-1 visa can apply for an Adjustment of Status to receive a green card.
Adjustment of status involves submitting an application and supporting documents to the U.S. Citizenship and Immigration Services (USCIS). USCIS will review the application and determine whether the K-1 visa holder can receive permanent resident status. In some cases, both partners may also be required to attend an interview. Once the application is approved, the K-1 visa holder will be issued a conditional permanent residence for two years. After two years, the foreign national spouse will have to apply to have the conditions removed to obtain permanent residency.
The Most Common Mistakes Made When Adjusting a K-1 Visa Status
Failing to provide enough evidence that your marriage is legitimate.
USCIS requires evidence showing that you and your partner have a bona fide marriage to adjust your status. Some examples of evidence that you may be required include:
By no means the above is an exhaustive list, and the evidence you’ll be required to provide may vary based on your individual case. However, since your relationship will be closely scrutinized, it’s essential to provide as much evidence as possible to demonstrate that your marriage is legitimate.
Failing to file for an adjustment of status before the 90-day timeframe ends.
K-1 visa holders are required to apply for an adjustment of status within 90 days of entering the U.S. If you fail to do this, you’ll have overstayed your visa and will be subject to removal proceedings to decide whether you’ll be allowed to stay in the U.S. If you file after the 90-day period, USCIS may determine you’ve attempted to delay the process. Therefore, your visa may be denied on those grounds.
When applying for a K-1 visa adjustment of status, it’s vital that you file your application within 90 days; consulting with an immigration attorney will help ensure your application is filed correctly and on time. If you’re not planning to get married within 90 days, you should leave the U.S. before the 90-day period has ended; otherwise, you may be barred from returning to the U.S.
Failing to disclose relevant information on your application.
If you fail to disclose important information on your adjustment of status application, it could be considered fraud and result in the denial of your application or other serious consequences. This includes information on the following:
Failing to update USCIS with changes in address or contact information.
USCIS will send important notices and documentation through the mail. Therefore, it is vital to ensure it has the correct address, so you don’t miss any important deadlines or appointments; if you miss an interview or a deadline, your application could be delayed or denied. Failing to inform USCIS of a change in your address or contact information could also be seen as a violation of the terms of your K-1 visa, which could lead to it being revoked.
Failing to provide enough financial support documentation.
One of the requirements for the K-1 visa and adjustment of status is that your U.S. citizen spouse provides evidence that they can support you financially during your stay in the U.S. This is because K-1 visa holders cannot work until they’ve been granted permanent legal status. Some examples of documentation you can provide include:
In some cases, the U.S. citizen partner may also be required to submit an Affidavit of Support to prove that they can support their partner financially and that the visa holder won’t become a public charge. Your application may be denied if you don’t provide enough evidence of financial support.
Missing the adjustment of status interview.
As part of the adjustment of status process, both partners will be required to attend an interview to verify the information provided in the application and ensure the marriage is legitimate. Failing to attend the interview can result in your application being denied and may also be considered a violation of the terms of your K-1 visa. If you cannot attend the interview for a valid reason, USCIS may reschedule it; however, you’ll need to let USCIS know about the schedule conflict as soon as possible.
Other Considerations
In some cases, it may make sense to get married first and then apply for a spousal visa—rather than going through the K-1 visa process. Whether this is a good option for you depends on where you’re currently living, how long you and your partner can wait to live together, and other factors. An immigration attorney can help you determine the best path to citizenship based on your unique circumstances.
An immigration attorney can also help you:
The experienced attorneys at Ranchod Law Group accept cases from nationwide and U.S. embassies worldwide. We’re passionate about making your immigration dreams a reality and will take the time to learn all the details of your case before going over your options. To schedule a consultation, call Ranchod Law Group at (916) 613-3553 or email us at info@ranchodlaw.com.