Receiving a K-1 visa approval is a significant milestone for couples separated by borders. It allows your fiancé(e) to enter the U.S. and begin your life together. But approval is just the beginning. Once your fiancé(e) arrives in the U.S., the clock starts ticking, and any delays or mistakes during the adjustment process can lead to serious legal and immigration issues.
At Kasturi Law, LLC, we guide Illinois couples through the K-1 to green card process and help them avoid common adjustment pitfalls that can put their future at risk.
Step One: Marriage Within 90 Days
The most immediate requirement after your fiancé(e) enters the U.S. on a K-1 visa is that you must get legally married within 90 days. This rule is strict. If you miss the deadline, your fiancé(e)’s status expires, and they may become removable (deportable).
Tip: Get married as early as possible within the first 90 days. Delays—especially due to scheduling or document issues—can lead to unintentional status violations.
Step Two: Filing the I-485 to Adjust Status
After the marriage, the next step is to file Form I-485, the Application to Register Permanent Residence or Adjust Status. This application allows your spouse to become a lawful permanent resident (green card holder) without having to leave the U.S.
Your adjustment packet should include:
- Marriage certificate.
- Form I-485.
- Form I-864 (Affidavit of Support).
- Form I-693 (Medical Examination, if not submitted abroad).
- Form I-765 (Work permit, optional).
- Form I-131 (Travel permit, optional).
- Passport-style photos.
- Proof of the bona fide relationship (photos, joint financial records, messages).
Common Pitfalls to Avoid
Even after a K-1 visa is approved and marriage occurs, couples can face problems during the adjustment process.
Here are the most common mistakes:
- Delaying the I-485 Filing
There is no official deadline, but the longer you wait, the more likely your spouse will lose status. It’s best to file as soon as possible after marriage.
- Missing Required Documents
USCIS requires detailed evidence to prove your marriage is legitimate and that your spouse qualifies for adjustment. Missing affidavits, medical exams, or tax documents can cause delays or denials.
- Working Without Authorization
Your spouse may not legally work until they receive a work permit (EAD). Working before receiving authorization can jeopardize the green card application.
- Traveling Abroad Without Advance Parole
K-1 visa holders lose their status if they leave the U.S. before obtaining a travel document. The application is considered abandoned if your spouse travels without advance parole while the I-485 is pending.
Trusted Legal Support for Illinois Couples
At Kasturi Law, LLC, we understand the emotional and legal complexities of the K-1 visa process. After approval, we help couples stay compliant, avoid costly mistakes, and navigate the adjustment phase confidently.
If your fiancé(e) recently arrived in the U.S. on a K-1 visa, contact us today to ensure a smooth transition to permanent residency and a stronger future together. We offer flexible meeting options to fit your schedule and comfort, whether visiting our office, speaking over the phone, or connecting through a Zoom video call. You can reserve your appointment through our online booking system and choose a 30-minute or 60-minute session that works best for you.
