Crash Course: AOS VS K-1

If you're a U.S. citizen or green card holder with a partner from another country, there are two common ways to help them apply for permanent residence: Adjustment of Status (AOS) and the K-1 fiancé(e) visa. Which route is right for you depends on whether you’re already married, where your partner currently lives, and your own immigration status.

Adjustment of Status is used when the foreign spouse is already in the U.S. — usually on a different visa — and you are already legally married. U.S. citizens can file Form I-130 and I-485 together (concurrent filing), while green card holders must wait for a visa to become available before the spouse can file for AOS. This path allows the applicant to stay in the U.S. while the case is pending and also apply for work and travel permits.

The K-1 visa is only available to U.S. citizens and is meant for engaged couples when the foreign partner is still abroad. After the fiancé(e) enters the U.S. on a K-1 visa, you must marry within 90 days and then file for Adjustment of Status. Although this route can be faster for entering the U.S., it requires two separate processes — and tends to be more expensive in total.

Both options have different timelines, eligibility rules, and forms — and it’s important to choose the one that fits your relationship best. If you’re unsure, We Consult can help prepare the right forms and guide you through each step.