Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status. Individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without advance parole may have severe consequences for certain individuals who are in the process of adjusting their status. Such individuals may be unable to return to the United States, their applications may be denied, or both.
Green Card Process
The Adjustment of Status process involves the investigation of an individual's identity, health, criminal background, and the ability to support him or herself in the United States. An approved or concurrently filed visa petition allows a qualifying person to submit applications for registration, employment authorization, and travel permission, along with proof of financial support. The process involves filing the petitions and applications with supporting documents, getting fingerprinted, attending an interview, and answering any requests for additional evidence issued by the Department of Homeland Security or other agencies.
Adjustment of Status Eligibility Criteria
Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions.
Because Fiancee Visa Service only processes Adjustment of Status petitions for family members, we will only discuss that class.
- You have an approved K-1, K-2, K-3 or K-4 Visa.
- If you came on a K-1 Visa, you married your beneficiary within 90 days of your arrival.
- Your sponsor meets the income requirements, or you obtain a Joint Sponsor who meets the requirements.
Children of K Visas; The K-2 and K-4 Visas
Although children can be included on a K-1 or K-3 visa petition, they must each have their own I-485 petition to receive a green card.
After the Adjustment of Status is Issued
If you came to the U.S. on a K-1 visa, or you came on a K-3 visa but have been married less than two years, you will receive a conditional green card (Conditional Residency). The conditional green card is good for only two years. Before the expiration of your conditional green card you are required to file a Removal of Conditions. If approved, you will then receive a 10 year green card.
The purpose of the conditional green card is to give the USCIS a chance to take another look at your marriage after you have been in the U.S. for two years. If it appears that your marriage was a sham your green card will not be renewed and you must leave the country.
The USCIS will send you a letter 90 days before the expiration of your conditional green card reminding you to file to remove your conditions. However, you should mark your calendar carefully and not count on receiving this letter. You do not need this letter to file to remove your conditions.
Working in the U.S. with a Conditional Green Card
Your conditional green card affords you all the same rights as the regular 10-year green card. You can legally work for any employer.
Adjustment of Status If Your Spouse Entered the United States Illegally
If your spouse entered the United States illegally, you will not be able to just get married and adjust his/her status to permanent resident status (get a green card and get legal) while in the United States. He or she will need to pursue an immigrant visa from outside the United States. A person who enters illegally may be banned from returning to the United States for up to 10 years. If this is your situation, you should talk to an immigration attorney before you leave the United States. Fiancee Visa Service is not a law firm and cannot help you in this situation.
What is Advanced Parole?
Individuals with an application for adjustment of status to that of lawful permanent resident must obtain Advance Parole by filing Form I-131-- Application for Travel Document with the USCIS before traveling abroad.
Adjustment of Status Step 1: File the Petition
The foreign citizen spouse files From I-485, Application to Register Permanent Residence or Adjust Status along will all supporting documents and the necessary fee. Optionally, you can also submit Form I-131, Application for Travel Document and Form I-765, Application for Employment Authorization along with your Adjustment of Status application.
The Application for Travel Document will allow you to reenter the U.S. should you need to travel out of the country before you receive your green card. This document is not necessary for K-3 Visa holders since the K-3 Visa allows multiple entries and is valid for two years.
The Employment Authorization Card allows the immigrant to go to work before receiving the green card. It takes approximately 90 days to receive your Employment Authorization Card
Adjustment of Status Step 2: Petition Received
Two to three weeks after mailing your petition, you will receive a Notice of Action (NOA1) in the mail indicating the USCIS has received your Adjustment of Status petition. You do nothing at this step.
Adjustment of Status Step 3: Biometrics
Between 2 and 4 months after mailing your Adjustment of Status petition, you will receive an appointment letter for your biometrics. The biometrics appointment is where your fingerprints and photograph will be taken.
Adjustment of Status Step 4: Interview
You may or may not be scheduled for a interview. Many people do not receive an interview.
Adjustment of Status Step 5: Your Green Card Arrives in the Mail
It typically takes 4-6 months to receive your green card which is officially called the Form I-551 Permanent Resident Card. If you came to the United States on a K-1 Visa, or if you were married less than two years when your K-3 visa petition was approved, you will receive a conditional green card.
The conditional green card is valid for two years. In the 90 day period immediately before the expiration of your conditional green card, you will need to "Remove the Conditions" by submitting From I-751 along with documents showing your marriage is legitimate.
For Just $595, Your Complete You Get Everything You Need to Get Your Adjustment of Status Approved, Including:
- Fully completed form I-485, Application to Register Permanent Residence or Adjust Status.
- Fully completed form G-325A, Biographic Information.
- Fully completed Form I-131, Application for Travel Document.
- Fully completed Form I-864, Affidavit of Support.
- Fully completed Form I-765, Application for Employment Authorization.
- Fully completed From G-1145, E-Notification of Application/Petition Acceptance
- Fully completed Supplemental attachment listing alien's previous marriages.
- Fully completed Supplemental attachment listing children.
- Fully completed Supplemental attachment explaining any "Yes" answers from the I-485.
- Detailed instructions and examples for your photo submissions.
- Detailed instructions and examples of the supporting documents, customized specifically for your situation.
- Detailed assembly and mailing instructions, tailored to your specific circumstances.
- Timeline of what happens after you file and when you should expect to hear from the USCIS.
- Instructions for checking your petition status online.
- Sample Form I-797, Notice of Action showing what you receive when the USCIS accepts your petition (NOA1).
- Access to your account 24 hours a day, from anywhere in the world.
- All of your data is protected by unbreakable 256 bit encryption.
- Unlimited telephone and email support.
- We prepare all necessary forms and review everything.
- This is not a kit or self-service product!
Our Simple 3-Step Process
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Fiancee Visa Service
1555 E. Amar Rd. Ste. B #281
West Covina, CA 91792
USA
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