Post-K1 in a Nutshell

[This article is intended for US citizens who married their Thai fiancees in the US.]  So, you’re done with the K1, your fiancee came to the US, and now you’re both married.  What’s next?  In this article, we’ll review the post-K1 process in a nutshell.  Note:  the information presented here is not intended as legal advice. Consult a lawyer for your specific needs and situation.

  AOS:   the petition.  Not only must your wife adjust to life in the US, she must also “adjust” legally.  She must go through an adjustment of status (AOS) to become a lawful permanent resident (LPR), ie, a green card holder.  Remember, a K1 visa is a non-immigrant visa and expires 90 days upon entry.  [Note: there is no AOS for a spousal visa (I-130) because that is an immigrant visa—see the “I-130 in a Nutshell”.]

Timing is of the essence.  Your wife has to file for her AOS within the 90 day window of the K1 period, or she will technically be “out of status”.  So, don’t wait until the last minute to get married--allow time for state processing of your marriage certificate.  If you’ve past the 90 days, don’t fret, but get your petition in immediately.  File form I-485, which can be downloaded from the US Citizenship and Immigration Services (USCIS) website:  I-485

Forward copies of the following documentation with your I-485 to the CIS’s Chicago PO Box (and don’t forget the applicable fees):  certified copy of marriage certificate; her passport (incl. the K1 stamp); I-94 (arrival record); I-797 (approval of the K1); birth cert. w/ English translation; 2 photos per specified dimensions; G-325A (all 4 pages); and I-864 (Affidavit of Support w/ supporting documents such as tax records).  The instructions also state you need the I-693A (Vaccination Supplement)—submit the documents from your wife’s Thailand medical examination.  It is recommended that you make 2 complete copies of your AOS packet for your files.  If your wife has brought a child (K2), you will also need to file a separate AOS packet for each child as well.

While you are going through AOS, your wife may wish to travel and work.  If so, mail the following together with your I-485:

  AP.  So your wife is homesick and wants to visit the village…while your wife’s AOS is pending, she cannot re-enter the US without an Advance Parole (AP) from the USCIS.  So if your wife wishes to travel to Thailand, get an AP by filing form I-131, with accompanying documentation.  You can download it here:  I-131  (Note: when AOS is granted, your wife can freely travel outside of the US--no AP required.)

  EAD.  So your wife needs some spending cash…while your wife’s AOS is pending, your wife can work in the US by obtaining an Employment Authorization Document (EAD) from the USCIS.  If your wife received an EAD stamp at the port of entry, that is only good for 90 days.  To continue working, file form I-765 with accompanying documentation.  You can download it here:  I-765  (Note: you can electronically file (e-file) for AP and EAD, but not if you are submitting them together with your AOS petition.)

  SSN.  We all need a Social Security number (to work, set up a bank account, get a driver’s license, get health insurance, etc.).  You can actually get an SSN during the K1 period (but not after the 76^th day) with an unexpired I-94 (arrival record).  After marriage, if your wife's name changes, file for a name change.  If applying for a SSN after the K1 period, your wife will first need an EAD.  To get an SSN, go to the SSA website and download form SS-5.  SS-5

AOS (cont.):  the interview.  After your AOS packet is submitted, your wife will be instructed to come in to the local USCIS office for biometrics (fingerprinting/ photos), then she will have to wait for her interview.  Depending on your state, it can be a long wait (even over 2 years) for the interview.  At the interview, you and your wife will need to bring supporting evidence of the marriage, if you have them.  These are things like family photos (incl. wedding photos), joint bank accounts, joint tax returns, joint leases or mortgages, names on bills (utility, credit cards), insurance and retirement beneficiary designations, trusts & wills, medical insurance cards, auto registration & insurance cards, birth certificates of any children to the marriage, etc.  If your interview is set quickly, and you don’t have much evidence, don’t worry—but keep all these things because you will need them later.

You should attend the interview, as you may be able to clarify any questions and answers, especially if your wife speaks very little English.  You may opt to bring along a Thai interpreter but for most people, that wouldn’t be necessary.  The AOS is generally approved at the time of interview, at which time the I-551 stamp is issued in her passport until the green card arrives in the mail (note: some CIS local offices will not use the I-551 stamp).

If you’ve been married for less than 2 years, your wife will be given LPR status with “conditions” (read the next section).  If at the time AOS is granted, you have been married for longer than 2 years (again, some states have a long wait for the interview), LPR status will be issued without conditions. 

  Removing conditions.   Now we are getting close to the end of the immigration road.  If your wife has LPR status with conditions (the “2 year” green card), it is important to calendar this date: 90 days before your second anniversary as a conditional LPR (the expiration date on your wife’s green card will be this date).  This is when your wife must file to remove her conditions (ie, you have only this 90 day window to file the petition).  Don’t file before the 90 day window, and definitely don’t miss the 90 day window, or your wife will be “out of status”. 

File form I-751 which you can download here: I-751  File with the proper fee, along with copies of the front & back of her green card, and proof of bona fide marriage.  For the “proof” of marriage, you can submit things like family photos, joint bank accounts, joint tax returns, joint leases or mortgages, names on bills (utility, credit cards), insurance and retirement beneficiary designations, trusts & wills, medical insurance cards, auto registration & insurance cards, birth certificates of any children to the marriage, etc.  If you wife has a job or goes to school, you can submit those records.  You can also include copies of her driver’s license and SSN card.  You will definitely have accumulated a variety of evidence in 2 years.   

Another example of showing "proof" of the marriage as described by USCIS, is to submit at least 2 affidavits (notorized) from people who can attest that you have a bona fide marriage.  They can be friends or family members, but it should be persons who have known you at least since the AOS and have personal knowledge of your marital relationship. 

If you have K2 children, they can be listed on your wife’s I-751, and only one fee needs to be paid.  Again, it is recommended that you keep 2 copies of your I-751 packet for your files.

USCIS will send your wife a letter stating that her green card will be extended for 1 year (remember, it’s due to expire) and that employment and travel authorization is also extended for 1 year.  As you wait and the 1 year expiration date is approaching, and the conditions are still not removed, go to your local CIS office to get a further extension on the green card. When USCIS is ready to remove the conditions, your wife will be asked to appear in person at your local CIS office for processing (this is not a formal interview).  When the conditions are lifted from your wife’s LPR status, your wife will be mailed her green card that has to be renewed every 10 years.  You have now reached the end of the immigration road.  The only other optional filing is for citizenship (naturalization).

  Naturalization.  An LPR can permanently live and work in the US, and receive federal benefits like social security and medicare.  LPR status confers many of the rights and benefits US citizens enjoy, except they cannot vote, serve on a jury, get a US passport, receive priority for immigration of family members, etc.  If your wife wishes to become a US citizen, she may apply 90 days prior to, the 3 year mark of her AOS approval, ie, look at the "resident since" date on her greencard for the AOS approval date.  She'll need to file form N-400 (note: the normal waiting time, not based on marriage is 5 years).  Thais can hold dual citizenship, so your wife can become a US citizen and retain her Thai citizenship as well.  We will not cover naturalization here, but you can find information at the USCIS site. 

An LPR can travel (w/ her Thai passport) and re-enter the US using her unexpired green card if the travel is for a short period of time. If the travel will be greater than 1 year, the LPR is required to obtain a "Re-entry" permit before leaving the US. Essentially, it is important to note here that LPR status can be deemed to have been "abandoned" with long and frequent stays outside of the US.

This concludes the 3-part TFB immigration “in a nutshell” series (the other 2 nutshells are on the K1 fiancee visa and the I-130 spousal & K3 visa).  Hopefully, these articles have been of some guidance to you.  Again, they are intended merely to point you in the right direction--if you have questions specific to your case, post on the TFB.  Also, always refer to the USCIS site for "official" information and forms.  If your case is like most, and you do your homework, you don't need to have an attorney.  However, it is prudent to consult with a qualified immigration attorney should a complexity arise.  Chok dii.

By Hono (5/10/06)  [Contributed by ChivasGeorge]