If you recently married a U.S. citizen and entered the country on a K-1 visa (fiancé visa), you can apply for a spousal green card, allowing you to live and work permanently in the United States. To transition from a K-1 visa to a marriage green card, you must go through the “adjustment of status” process. This guide will walk you through the steps to change your status from a K-1 visa holder to a permanent resident.
Checklist Before You Apply
Before beginning the adjustment process, make sure to:
1. Get Married Within 90 Days
To qualify for a marriage-based green card, you must marry your U.S. citizen spouse within 90 days of your arrival in the U.S. Once married, you can apply for a green card.
2. Check for Ineligibility Issues
Make sure you don’t have any legal reasons that could prevent you from adjusting your status. This includes things like violating immigration laws or having health issues. Common reasons for inadmissibility include:
- Having a communicable disease (as per health guidelines)
- Drug addiction
- A history of mental or physical conditions linked to harmful behavior
- Failure to provide required vaccination proof
If you do have an inadmissibility issue, you may be able to apply for a waiver by filing Form I-601 (Application for Waiver of Grounds of Inadmissibility).
Applying for the Marriage Green Card
After marriage, you must submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for a marriage green card. Along with this form, you need to provide various supporting documents.
Key Documents You’ll Need:
- Form I-94 (Arrival/Departure Record)
- Form I-797 (Approval notice for the original petition)
- Your birth certificate
- Your marriage certificate
- Passport page showing your K-1 visa
- Passport page with your entry stamp
- A government-issued photo ID
You will also need to provide:
- Two 2×2 passport-style photos
- Form I-864 (Affidavit of Support from your spouse)
- Form I-693 (Medical exam and vaccination records)
In some cases, you may also need to submit:
- Court and police records if you have any criminal history
- Form I-601 (for a waiver of inadmissibility)
- Form I-212 (for permission to reapply if you’ve been deported before)
- Documents if you held a previous J-1 or J-2 visa
You may submit Form I-693 at the same time as Form I-485, or later, but be sure to provide any necessary vaccination records. You may not need a new medical exam if one was done as part of the K-1 visa process, but you still need to provide proof of vaccinations.
Keep in mind that there are filing fees. For example, Form I-485 typically costs $1,440, but other forms may have additional fees. In some cases, you might be able to apply for a fee waiver.
Removing Conditions on Your Green Card
If USCIS approves your application, you will receive a green card. However, if you and your spouse have been married for less than 2 years when your green card is granted, it will be conditional. You’ll need to remove these conditions after two years.
To remove conditions, you must file Form I-751 (Petition to Remove Conditions on Residence) within 90 days of the 2nd anniversary of your green card. Filing early will result in your petition being returned, so make sure you file within the correct window.
When you file to remove conditions, you will need to show evidence that your marriage is genuine. Common documents include:
- Joint bank account statements
- Photos from your time together
- Property ownership records
- Birth certificates for any children born during your marriage
Are there any income requirements for the U.S. citizen sponsor
Yes, there are specific income requirements for a U.S. citizen sponsor when applying for a Green Card for a family member or spouse. Here are the key points regarding these requirements:
Minimum Income Requirements
- General Requirement: The sponsor must demonstrate an annual income that is at least 125% of the Federal Poverty Guidelines for their household size. As of January 2025, the minimum income for a household of two (the sponsor and the immigrant) is $25,550.
- Active Duty Military Exception: If the sponsor is an active-duty member of the military, the income requirement is reduced to 100% of the Federal Poverty Guidelines.
Income Guidelines by Household Size
Here’s a breakdown of the minimum income requirements based on household size for sponsors in the contiguous United States:
| Household Size | Minimum Income Requirement |
|---|---|
| 2 | $25,550 |
| 3 | $32,275 |
| 4 | $39,000 |
| 5 | $45,725 |
| 6 | $52,450 |
| 7 | $59,175 |
| 8 | $65,900 |
| Each additional person | +$6,725 |
For sponsors in Alaska and Hawaii, the income requirements are higher due to the cost of living.
Acceptable Sources of Income
The following types of income can be counted to meet these requirements:
- Wages and salaries from employment.
- Self-employment income is documented through tax returns.
- Investment income (e.g., dividends or rental income).
- Retirement benefits and pensions.
- Unemployment benefits (in some cases).
- Alimony and child support payments.
If the sponsor’s income does not meet the minimum requirement, they can also include assets to make up the difference.
Can I include income from a trust or inheritance?
Yes, you can include income from a trust or inheritance when determining your financial eligibility as a sponsor for a Green Card application, but there are specific considerations:
Trust Income
- Taxable Income: If you receive distributions from a trust that include income (such as interest, dividends, or rental income), this income is generally taxable and can be counted towards your income requirements for sponsorship. You will receive a Schedule K-1 from the trust indicating how much of the distribution is taxable income.
- Principal vs. Income: Distributions classified as principal (the original amount placed into the trust) are not considered taxable income. Only the earnings generated by the trust assets are subject to tax and can be included in your sponsorship calculations.
Inheritance
- Non-Taxable: Generally, amounts received as an inheritance are not subject to income tax. Therefore, inherited assets themselves do not count as income for sponsorship purposes.
- Income Generated from Inherited Assets: If the inherited assets generate income (like interest or dividends), that income is taxable and can be included when calculating your total income for sponsorship.
The process of changing from a K-1 visa to a marriage-based green card is a significant step toward permanent residency in the U.S. While it may seem complex, staying organized and following the required steps carefully will make the process easier. If you need help navigating this transition, Law and Visas can assist with expert guidance and ensure your application is completed correctly.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Marriage Green Card or a K-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
