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Adjustment of Status

Adjustment of StatusThe Adjustment of status is the legal process for becoming a lawful permanent resident without the necessity of leaving the United States. The following rules regarding the adjustment of status in the US can be found at §245 in the Immigration and Nationality Act (“INA”).

If you have more questions about the adjustment of Status procedure then contact an immigration lawyer in Thailand for further assistance. Laws and procedures change all the time and the US visa process is no different. See this website for more information about the visa options in Thailand.

The rules state that the following needs to be met in order to adjust your status if you have a K1 visa or K3 visa while in the United States.

These conditions are:

  • Your Thai wife makes an application for such adjustment;
  • Your Thai wife is eligible for an immigrant visa and is admissible for permanent residence;
  • There is an immigrant visa immediately available for her at the time her application.

In order for her to adjust status there must be an immigrant visa immediately available to her. This is not a problem for K1 visa and K3 visas as there is an unlimited number of ‘green cards’ for those who have relatives in the US such as a spouse.

The Discretionary Nature of Adjustment of Status

Most do not know that the adjustment of status in the United States is discretionary. USCIS can and does deny an application for an adjustment of status. Most normally allow a lawyer to manage this last part of the process to avoid denials and other unforeseen problems.

Most times USCIS will grant the adjustment of status when your wife is eligible. They view the marriage and status of the marriage again before granting the adjusted status. Note that if you had brought your Thai wife or Thai fiancée into the United States on a US Tourist visa then the USCIS may view this as fraud. This could lead to jail time and heavy fines.

Adjustment of Status and Necessity of Advance Parole

Note that the US government will view an application for adjustment of status abandoned if your wife leaves the US before the final process has been completed and left without advance parole. In order to leave the US she will need to apply for advance parole before she leaves or the visa and process will become invalid.

Adjustment of Status for the K1 Visa and K3 Visa

When your Thai fiancée or Thai wife arrives in the US she is only temporarily admitted under either a K1 fiancé visa or a K3 spouse visa may only be adjusted to conditional permanent residence. You as the US citizen who filed for the K1 or K3 petition must also file the petition for adjustment of status.

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