Introduction to Adjustment of Status Through Marriage
The “Adjustment of Status through marriage” is a crucial immigration process in the United States that allows foreign nationals who entered the country on temporary visas to change their immigration status and obtain a permanent residence card, commonly known as a green card. This process is available to those who are married to a U.S. citizen or a permanent resident. In this comprehensive article, we will delve into the intricacies of this process, including eligibility requirements, the application process, potential challenges, and alternatives for those who may not qualify for adjustment of status through marriage.
One important aspect to consider when undertaking the Adjustment of Status through marriage process is the financial requirement. The U.S. government seeks to ensure that the foreign spouse will not become a burden on the country’s welfare system. Therefore, one of the eligibility requirements is for the U.S. citizen or permanent resident spouse to meet certain financial thresholds.
The financial requirement is commonly referred to as the Affidavit of Support. This is a legal contract in which the petitioner (the U.S. citizen or permanent resident spouse) agrees to financially support the foreign spouse throughout their immigration process. The petitioner must demonstrate that their income is at least 125% of the federal poverty guidelines for their household size. It’s important to note that even if the foreign spouse also has an income, it cannot be included in the calculation for the Affidavit of Support.
Meeting the financial requirement can be one of the challenges couples face during the adjustment of status process. If the petitioner does not meet the income threshold, they may need to find a co-sponsor who is willing to provide the required financial support. A co-sponsor can be a U.S. citizen or permanent resident who meets the income requirements and is willing to take on the responsibility of financially supporting the foreign spouse.
It’s crucial to carefully review and gather all the necessary financial documents as part of the adjustment of status application. These documents may include tax returns, pay stubs, employment letters, and bank statements. By ensuring that all financial aspects are in order, couples can increase their chances of a successful adjustment of status through marriage.
Eligibility Requirements. Adjustment of Status Through Marriage Checklist
Here’s a checklist for adjusting status through marriage:
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Form I-485, Application to Register Permanent Residence or Adjust Status: This is the primary form you’ll need to file to adjust your status to that of a lawful permanent resident.
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Form I-130, Petition for Alien Relative: This form is filed by your spouse, who is a U.S. citizen or lawful permanent resident, to establish your relationship and initiate the process.
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Marriage Certificate: A certified copy of your marriage certificate as proof of the marital relationship.
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Evidence of Valid Entry: Copies of your passport, visa, and Form I-94 (Arrival/Departure Record) to prove that you entered the U.S. legally.
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Form I-864, Affidavit of Support: This form is filled out by your spouse or joint sponsor to demonstrate that you will have adequate financial support and not become a public charge.
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Financial Documentation: Tax returns, W-2 forms, pay stubs, bank statements, and any other evidence of income to support the Form I-864.
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Form I-765, Application for Employment Authorization (optional): If you want to work in the U.S. while your adjustment of status application is pending, you can file this form for a work permit.
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Form I-131, Application for Travel Document (optional): If you need to travel outside the U.S. while your adjustment of status application is pending, you can file this form for advance parole.
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Proof of Relationship: Photos, joint bank account statements, lease agreements, utility bills, and any other documents showing that you have a bona fide marital relationship.
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Medical Examination: You will need to undergo a medical examination by a USCIS-approved civil surgeon and submit Form I-693, Report of Medical Examination and Vaccination Record.
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Filing Fees: Check the USCIS website for current filing fees and include them with your application package.
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Translations: If any documents are not in English, provide certified translations.
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Cover Letter: A cover letter summarizing your application package can be helpful for USCIS officers reviewing your case.
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Any Additional Supporting Documents: Depending on your specific situation, USCIS may request additional documents to support your application.
It’s essential to review the USCIS website or consult with an immigration attorney to ensure you have all the necessary forms and documents specific to your case.
The Application Process
The adjustment of status process involves several steps:
Form Submission: Applicants must submit specific immigration forms, including Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-130 (Petition for Alien Relative).
Biometrics Appointment: After form submission, applicants are typically scheduled for a biometrics appointment, where fingerprints and photographs are taken.
Interview: USCIS may require the couple to attend an interview to verify the legitimacy of their marriage. During the interview, questions may be asked about the relationship, living arrangements, and other relevant details.
Additional Evidence: If USCIS requests additional evidence to support the application, it must be promptly provided.
Processing Time: The processing time for adjustment of status can vary significantly based on the USCIS service center handling the case and the immigrant’s category (spouse of a U.S. citizen or permanent resident). It’s crucial to stay updated on current processing times to manage expectations.
Potential Challenges and Denials
If the adjustment of status application is denied, there are several options available:
Motion to Reconsider or Reopen: Applicants can file a motion to reconsider or reopen their case if they believe USCIS made an error or if they have new evidence to present.
Consular Processing: If eligible, individuals can explore consular processing, which involves completing the immigrant visa application at a U.S. embassy or consulate in their home country.
Exploring Other Immigration Paths: It’s essential to be aware of alternative immigration avenues, such as employment-based visas or family-sponsored preferences, if the adjustment of status is not an option.
Work Authorization During the Process
Applicants can apply for an Employment Authorization Document (EAD) concurrently with their adjustment of status application. Once issued, the EAD allows the applicant to work legally in the United States while their adjustment of status application is pending.
Individuals or candidates seeking employment permissions can submit their application for an Employment Authorization Document, also known as EAD, simultaneously with their request for adjustment of their residency status. After receiving the EAD, it grants the individual the right to be employed lawfully within the U.S. during the time their change of status application is under review.
The Role of Experienced Immigration Attorneys
Navigating the adjustment of status process can be complex, and the stakes are high. Engaging an experienced immigration attorney can greatly assist applicants in avoiding costly mistakes, ensuring all requirements are met, and increasing the likelihood of a successful outcome.
Additional Aspects to Consider
Specific Processing Times: While processing times were mentioned as variable, it’s essential to provide up-to-date information on current processing times to help applicants plan accordingly.
Costs Beyond Filing Fees: In addition to filing fees, applicants should be aware of other potential costs, such as those associated with obtaining additional documents like the EAD, as well as any legal consultation fees.
The Interview Process: Detailed information about what to expect during the interview, including types of questions and how to prepare, can ease the anxiety many applicants experience.
Consequences of Denial: Exploring the consequences of denial, such as potential removal proceedings, is critical for applicants to understand the full implications of their case.
EAD Eligibility: A comprehensive explanation of who is eligible for an EAD, the application process, and its validity period can be immensely helpful for applicants.
Changing Immigration Policies: Given the ever-evolving nature of immigration policies, emphasizing the importance of staying informed about policy changes is essential for applicants.
Impact on Current Immigration Status: Addressing how the adjustment of status process affects an individual’s current immigration status, particularly if their temporary visa is about to expire, is crucial for planning.
Alternatives to Adjustment of Status: Providing a brief overview of other immigration pathways for those who may not qualify for adjustment of status through marriage can be valuable for readers seeking alternative routes to stay in the United States.
Conclusion
The “Adjustment of Status through marriage” process is a significant opportunity for foreign nationals to secure permanent residency in the United States through marriage to a U.S. citizen or permanent resident. While it offers a path to a green card, the journey can be complex, requiring meticulous attention to eligibility criteria, documentation, and procedural steps. Seeking the guidance of an experienced immigration attorney and staying informed about current immigration policies are crucial steps to navigate this process successfully. Additionally, understanding alternatives for those who do not meet the requirements ensures that individuals have a comprehensive view of their immigration options in the United States.
FAQs
- What is the “Adjustment of Status through marriage” process?
- The “Adjustment of Status through marriage” is an immigration process in the United States that allows foreign nationals married to a U.S. citizen or permanent resident to change their immigration status and obtain a green card.
- What are the eligibility requirements for adjustment of status through marriage?
- Eligibility requirements include physical presence in the U.S., meeting admissibility criteria, having a legitimate marriage, and providing supporting documents.
- What is the application process for adjustment of status through marriage?
- The application process involves form submission (Form I-485 and Form I-130), a biometrics appointment, a possible interview, providing additional evidence if requested, and varying processing times.
- What options are available if the adjustment of status application is denied?
- Options include filing a motion to reconsider or reopen, exploring consular processing, or considering alternative immigration paths.
- Can applicants work while their adjustment of status application is pending?
- Yes, applicants can apply for an Employment Authorization Document (EAD) to work legally in the United States during the application review.
- How can experienced immigration attorneys assist in the process?
- Experienced immigration attorneys can help applicants navigate the complex process, avoid mistakes, ensure all requirements are met, and increase the chances of success.
- What are some additional aspects applicants should consider?
- Additional aspects to consider include specific processing times, costs beyond filing fees, the interview process, consequences of denial, EAD eligibility, changing immigration policies, impact on current immigration status, and alternatives to adjustment of status.
- What is the conclusion of the article?
- The conclusion emphasizes that the adjustment of status through marriage is an important opportunity for foreign nationals but can be complex. It recommends seeking legal guidance and staying informed about immigration policies while considering alternatives for those who do not qualify.
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