top of page

ADJUSTMENT OF STATUS

Adjustment of Status or AOS is to adjust permanent resident status or to register for permanent residence.

Who Can Apply for Adjustment of Status?

 

Below are some situations where one can file for adjustment of status:

  1. Those who were admitted to the United States with fiance(e) visa and married the US citizen fiance(e) within 90 days.

  2. Those who were admitted to the United States with a tourist, student or work visa and got married to a US citizen. For this case, Adjustment of Status should be filed together with Form I-130, Petition for Relative

 

For those who came to US with fiance(e) visa, there is NO DEADLINE to file AOS. However, it is highly recommended to file it as soon as possible so that the foreign spouse will receive a GC. The filing fee is a bit expensive that’s why a lot of people are postponing filing for AOS until they can afford it.

Disadvantages of not filing for AOS:

  • You do not have GC.

  • You cannot work.

  • You cannot get government-issued IDs like state ID or driver’s license.

  • You cannot go back to your home country and come back again in the US. You need a GC to come back.

  • You cannot get SSN (for those that were not able to get SSN before the I-94 expired)

When applying for the AOS, the beneficiary can also apply at the same time the following applications:

  1. Employment Authorization Document (EAD), Form I-765

  2. Advance Parole Travel Document (AP), Form I-131

 

These two (2) forms are FREE OF CHARGE when filed with AOS. The beneficiary will be able to work and travel outside the US while the AOS is still in the process.

Preparing the AOS Packet:

Usually, each form is processed separately so it is recommended to have three (3) different folders for each of the forms. But you can send all three (3) in just one USPS or courier package.

A. Form I-485 AOS Folder

  1. Cover Letter (SAMPLE HERE)

  2. Payment of $1,225.00 for Filing Fee and Biometrics Fee in check or money order payable to "U.S. Department of Homeland Security"  (SAMPLE CHECK)

  3. Form G-1145, E-Notification of Application/Petition Acceptance (optional but recommended so you will get updates of your case)

  4. Duly accomplished and signed Form I-485, Application to Register Permanent Residence or Adjust Status (SAMPLE FORM HERE)

  5. Copy of I-797, Notice of Approval for the I-129F Petition (NOA2)

  6. Copy of NVC acceptance letter with the case number

  7. Certified copy of marriage certificate

  8. Copy of birth certificate

  9. Copy of biographic page of passport

  10. Copy of K1 visa page

  11. Copy of Form I-94, Arrival-Departure Record

  12. Two (2) 2"X2" size colored photos with full name and A# at the back

  13. Copy of DS-3025, Vaccination Documentation Worksheet from St. Lukes

  14. Sealed envelope for the Form I-693, Report of Medical Examination and Vaccination Record signed by a USCIS recommended civil surgeon. Please read the Guide for Form I-693.

  15. Duly accomplished and signed Form I-864, Affidavit of Support of the petitioner and supporting documents (SAMPLE FORM):

    • Copy of most recent Form 1040 or tax transcript

    • Copy of most recent W2

    • Employment letter (optional)

    • Recent three (3) months paystubs (optional)

    • Biographic page of passport of petitioner

    • Copy of birth certificate of the petitioner

  16. ​If the petitioner's income does not meet the required Poverty Guidelines, you will need to find a co-sponsor who has enough income to support his/her family and dependents PLUS the immigrants. The co-sponsor will need to submit the following documents:​

    • Separate Form I-864 or Form I-864A (if co-sponsor resides in the same house as the petitioner)

    • Copies of Form 1040 or IRS tax transcripts

    • Copies of W2’s or source of income documents

    • Copy of US passport or birth certificate (if co-sponsor is a US citizen) OR copy of green card (if co-sponsor is a permanent resident)

B. Form I-765 Employment Authorization Document Folder

  1. Form G-1145, E-Notification of Application/Petition Acceptance

  2. Duly accomplished and signed Form I-765, Application for Employment Authorization (SAMPLE FORM HERE)

  3. Copy of biographic page of passport

  4. Copy of K1 visa page

  5. Copy of Form I-94, Arrival-Departure Record

  6. Copy of marriage certificate

  7. Two (2) 2"X2" size colored photos with full name and A# at the back

C. Form I-131 Advance Parole Folder

  1. Form G-1145, E-Notification of Application/Petition Acceptance

  2. Duly accomplished and signed Form I-131, Application for Travel Document (SAMPLE FORM HERE)

  3. Copy of biographic page of passport

  4. Copy of K1 visa page

  5. Copy of Form I-94, Arrival-Departure Record

  6. Copy of marriage certificate

  7. Two (2) 2"X2" size colored photos with full name and A# at the back

Where to Send the AOS Packet:

​

USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms | USCIS

Flowchart:

aos-flowchart.jpg
bottom of page