After you are married you will need to record your marriage certificate, then request certified copies to start the AOS process.
When do I need to file the I-485 for Adjustment of Status? USCIS states in the instructions that you must provide evidence of continued LAWFUL STATUS, which for the K-1 visa is the I-94 which has a validity of 90 days from POE, after that you are "out of status" and no longer have a lawful status. In essence you should file for AOS within the 90 day validity of the I-94.
Side note: To date going beyond that date when filing the I-485 has presented no issues.
Side note: To date going beyond that date when filing the I-485 has presented no issues.
As a side note, once your I-94 is available on the CBP website, print out a few copies. You can then head over to your nearest SSA office to get the SS card. You will need to completed the SS-5 form.
For Adjustment of Status you will submit the following forms:
I-485; https://www.uscis.gov/i-485
I-864; https://www.uscis.gov/i-864
I-693; https://www.uscis.gov/i-693
I-944; https://www.uscis.gov/i-944
Optional forms (both are free to file when included with the I-485):
I-131 (Advance Parole); https://www.uscis.gov/i-131
I-765 (Employment Authorization Document); https://www.uscis.gov/i-765
Required Forms, and required accompanying evidence
The I-485 is filed for the Conditional Green Card, which has two year validity. It is to be accompanied by the I-864, Affidavit of Support and the I-693, Medical Examination and Vaccination Record.
I-485 is to be completed by visa beneficiary after marriage. You will need a certified copy of your marriage certificate. You can get this form the County Recorder or Clerk of Court depending on the process for the state where you were married. I would suggest to get at least 3 copies of the certified marriage certificate as you will need a copy for the I-485 then for SSA and ROM (Philippines). You also need to include a copy of your I-797 Approval Notices (NOA1 & NOA2).
I-864 is for the financial support and is completed (for the most part) by the USC spouse. This form is to be accompanied by a copy of your most recent tax return (tax transcript from the IRS is preferred by USCIS) and W2. Including 3 years of tax returns is optional, not required. DO NOT submit copies of state tax returns.
I-693 You take this form and the DS-3025 Vaccination Record to a Civil Surgeon (from the USCIS list). The Civil Surgeon will transcribe the DS-3025 vaccinations to the I-693, then the I-693 will be put in a sealed envelope and given to you to accompany the I-485. A new medical examination is NOT required, your medical from St. Luke's is valid for ONE year.
I-944 Form I-944, Declaration of Self-Sufficiency, is used by an individual to demonstrate that he or she is not inadmissible based on the public charge ground (Immigration and Nationality Act (INA) section 212(a).
Eligibility Category for K-1 : (c)(9) you must use this category to have the filing fee waived.
How to pay the fees: https://www.uscis.gov/fees
I-485; https://www.uscis.gov/i-485
I-864; https://www.uscis.gov/i-864
I-693; https://www.uscis.gov/i-693
I-944; https://www.uscis.gov/i-944
Optional forms (both are free to file when included with the I-485):
I-131 (Advance Parole); https://www.uscis.gov/i-131
I-765 (Employment Authorization Document); https://www.uscis.gov/i-765
Required Forms, and required accompanying evidence
The I-485 is filed for the Conditional Green Card, which has two year validity. It is to be accompanied by the I-864, Affidavit of Support and the I-693, Medical Examination and Vaccination Record.
I-485 is to be completed by visa beneficiary after marriage. You will need a certified copy of your marriage certificate. You can get this form the County Recorder or Clerk of Court depending on the process for the state where you were married. I would suggest to get at least 3 copies of the certified marriage certificate as you will need a copy for the I-485 then for SSA and ROM (Philippines). You also need to include a copy of your I-797 Approval Notices (NOA1 & NOA2).
I-864 is for the financial support and is completed (for the most part) by the USC spouse. This form is to be accompanied by a copy of your most recent tax return (tax transcript from the IRS is preferred by USCIS) and W2. Including 3 years of tax returns is optional, not required. DO NOT submit copies of state tax returns.
I-693 You take this form and the DS-3025 Vaccination Record to a Civil Surgeon (from the USCIS list). The Civil Surgeon will transcribe the DS-3025 vaccinations to the I-693, then the I-693 will be put in a sealed envelope and given to you to accompany the I-485. A new medical examination is NOT required, your medical from St. Luke's is valid for ONE year.
I-944 Form I-944, Declaration of Self-Sufficiency, is used by an individual to demonstrate that he or she is not inadmissible based on the public charge ground (Immigration and Nationality Act (INA) section 212(a).
Eligibility Category for K-1 : (c)(9) you must use this category to have the filing fee waived.
How to pay the fees: https://www.uscis.gov/fees
Optional Forms
(these two documents normally arrive on one card, referred to as a Combo card. The filing fee for the below two documents is waived when filed with the I-485)
I-131 is Advance Parole, I refer to it as an Emergency Travel Card. It is not a temporary green card.
I-765 Work Authorization, with this card you will first go to the SSA office to update the SS card and get your record updated to show you are authorized to work. You can then seek employment.
(these two documents normally arrive on one card, referred to as a Combo card. The filing fee for the below two documents is waived when filed with the I-485)
I-131 is Advance Parole, I refer to it as an Emergency Travel Card. It is not a temporary green card.
I-765 Work Authorization, with this card you will first go to the SSA office to update the SS card and get your record updated to show you are authorized to work. You can then seek employment.
How long does it take for approval of the EAD application?
Approximately 60-90 days after submitting the I-765 (and I-131) application you will receive a BIOMETRIC appointment. Approximately 60-90 days after biometrics your EAD/AP application is usually adjudicated. If approved the card will then be processed and mailed to you.
Approximately 60-90 days after submitting the I-765 (and I-131) application you will receive a BIOMETRIC appointment. Approximately 60-90 days after biometrics your EAD/AP application is usually adjudicated. If approved the card will then be processed and mailed to you.