K-1 Fiancé(e)s: File I-485 and Work Authorization During Shutdown?

(UNITED STATES) As of October 1, 2025, the federal government has entered a partial Government Shutdown after Congress failed to pass Fiscal Year 2026 spending bills or a stopgap measure by September 30. Despite the funding lapse, USCIS remains open, because most of its operations are paid by filing fees rather than annual appropriations. That means K-1 Fiancé(e)s who marry within 90 days of entry can still file Adjustment of Status applications and seek work authorization, though applicants should expect possible slowdowns if the shutdown lasts.

USCIS confirmed in prior funding lapses that fee-funded services continue, and the same framework applies now. Petitions, applications, biometrics, and interviews typically proceed, subject to staffing and security constraints. According to analysis by VisaVerge.com, applicants should plan as usual but build in extra time if mailroom handling, transfers, or interagency checks take longer while other federal programs pause or scale back.

Adjustment of Status for K-1 entrants after marriage

The core question facing many new couples is straightforward: Can a K-1 entrant marry and then file Form I-485 during a shutdown? The answer is yes.

After marrying a U.S. citizen within the required 90 days, the foreign spouse may apply for a green card by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). USCIS continues to receive and process these filings during the shutdown because the agency’s fee accounts support this work.

USCIS also continues to accept related forms that typically travel with a marriage-based adjustment packet for a former K-1 entrant. Applicants usually include the financial sponsorship form and, if needed, requests for travel permission and employment authorization while the green card case is pending.

Standard forms typically filed with a K-1 marriage-based Adjustment packet:
– Form I-485: Application to Register Permanent Residence or Adjust Status (Form I-485: Application to Register Permanent Residence or Adjust Status)
– Form I-864: Affidavit of Support by the U.S. citizen spouse (official form page)
– Optional: Form I-131: Application for Advance Parole to request travel while the case is pending (Form I-131: Application for Travel Document)
– Optional: Form I-765: Application for Employment Authorization to work while the case is pending (Form I-765: Application for Employment Authorization)

Because Adjustment of Status is adjudicated inside the United States by USCIS, these filings are not dependent on overseas consular funding. That difference matters during a Government Shutdown. While some federal programs pause when appropriations lapse, fee-backed USCIS casework—like a K-1 marriage-based Adjustment of Status—stays in motion.

Practical filing reminders:
– Sign all forms, include the correct fees, keep copies, and send complete packets to the address listed on the official form pages.
– You must marry within 90 days of arrival on the K-1 visa; the shutdown does not change that legal deadline.
– Review eligibility rules for past status violations, criminal history, and prior immigration violations. If any issues apply, consider consulting an immigration attorney before filing.
– For official updates and service alerts, check USCIS at USCIS.

Work authorization during a shutdown

Many K-1 entrants hope to start jobs soon after marriage. USCIS will continue to accept Form I-765 for those who wish to work while the green card case is under review.

Key points on work authorization:
– Filing I-765 is optional, but it is the only path to legal employment until permanent residence is approved and a green card is issued.
– You can file I-765 together with I-485 or later as a standalone request.
– During a shutdown, the same fee rules and evidentiary standards apply.

Travel while I-485 is pending:
– Form I-131 (Advance Parole) remains available during the shutdown.
– Do not depart the U.S. while I-485 is pending unless you have approved Advance Parole; leaving without it will usually cause the Adjustment application to be considered abandoned. The shutdown does not change that rule.

Appointments and notices:
– USCIS may schedule biometrics appointments and interviews during a funding lapse; attend all appointments listed on your notices unless USCIS announces a closure.
– Monitor your case status, email, and mail. If a local office has building access or staffing issues, USCIS might reschedule appointments, but the default expectation is to appear as instructed.

Operational caveats and practical steps

While USCIS keeps casework moving, some related programs may be paused during a Government Shutdown. Past shutdowns saw suspensions of programs such as:
– E‑Verify
– Certain religious worker categories tied to temporary authorizations
– The Conrad 30 J‑1 waiver program

These pauses do not prevent a K-1 spouse from filing Adjustment of Status or work authorization, but they can affect employers and onboarding processes that rely on those programs. Employers should follow Department of Homeland Security guidance on handling E‑Verify deadlines when the system is unavailable.

Expect possible delays:
– Even when an office is operational, coordination with other agencies or contractors can slow processing.
– Mail delivery, security checks, or background processing may take longer than usual.
– Build extra time into employment start dates and travel plans, and avoid non‑urgent international trips until Advance Parole is approved and in hand.

To keep cases moving smoothly during the shutdown:
1. File complete packets with signed forms, correct fees, and required evidence.
2. Use the official form pages linked above to confirm the latest edition dates and filing addresses.
3. Track your case with the USCIS receipt number after filing, and sign up for case updates.
4. Attend biometrics and interviews as scheduled unless USCIS informs you otherwise.
5. Keep your address current with USCIS to avoid missing notices.

Nothing in the shutdown changes the basic legal pathway for K-1 Fiancé(e)s: marry within the 90-day window and then seek Adjustment of Status using Form I-485, supported by Form I-864, with optional Form I-765 and Form I-131 if you want to work or travel while the case is pending.

The broader political context matters, but applicants should separate headlines from process. The shutdown stems from a budget impasse in Congress, not a change to the Immigration and Nationality Act or USCIS eligibility rules for K‑1 entrants who marry a U.S. citizen. Unless Congress enacts new laws or USCIS issues binding policy changes, the route from K‑1 entry to marriage to green card remains open.

USCIS is the authoritative source for operational status, filing addresses, and form editions. For the latest service updates, refer to USCIS. If you face tight timelines or complex histories, consider speaking with counsel—especially if criminal or prior immigration issues might affect admissibility. During a shutdown, getting the forms right the first time becomes even more important, because re‑filing can add weeks or months to your timeline.

Finally, applicants and employers should prepare for ripple effects like E‑Verify pauses. While job seekers can still request an Employment Authorization Document through Form I-765, an employer’s hiring system could be slower if E‑Verify is offline. Agencies typically publish catch‑up rules for cases created during an outage once funding is restored.

The bottom line for couples: file the Adjustment of Status packet after marriage, include the correct supporting forms, and monitor your case closely. The government may be in a partial shutdown, but the door to permanent residence for K‑1 spouses remains open at USCIS.