Arlington, VA asked in Immigration Law for Virginia

Q: Complicated K1 Visa- Adjustment of Status

We applied for a K1 visa in 2021. After more than a year of waiting, we married, formally withdrew the I-129F application, and filed an I-130 application. Four (4) months after canceling the I-129F application (and 2 months after we filed our I-130), USCIS mailed us an I-129F approval letter. We went through the process of having our case work through the system resulting in approved K1 visa and entry into the United States this summer.

For the next step "adjustment of status" / I495 form, do we actually re-marry?

OR

Can we use the same marriage license filed in our I-130?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: You do not need to re-marry for the adjustment of status process. The same marriage license that you filed with your I-130 application can be used for your I-485 adjustment of status application. Ensure that all documentation submitted is consistent and accurate to avoid any issues with USCIS.

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