Introduction

Marriage can be a joyous occasion, but for those awaiting a green card, it can also be a path to a lawful permanent residency. If you’ve tied the knot with a U.S. permanent resident and are considering living in the U.S., you’re probably looking into an adjustment of status. In this comprehensive guide, we will walk you through the process, requirements, and what to expect when adjusting status through marriage to a permanent resident.

Understanding Adjustment of Status

What is Adjustment of Status?

Adjustment of Status (AOS) is a U.S. immigration process that allows someone to become a lawful permanent resident (get a green card) without having to leave the United States. It’s a more convenient option than consular processing, which requires you to apply for a green card at a U.S. embassy or consulate in your home country.

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Why Marry a Permanent Resident?

Marrying a U.S. permanent resident opens a pathway to obtain a green card. However, it’s not an instant process. There are several steps and requirements to fulfill, and becoming familiar with them can significantly streamline your journey.

Eligibility Requirements

Qualifying Relationships

Before you dive into the paperwork, it’s crucial to ensure that your marriage qualifies under U.S. immigration laws. The relationship must be legally recognized, and you must provide evidence of its authenticity.

Overstay and Unauthorized Employment

If you have overstayed your visa or worked without authorization, it may complicate your case. However, not all hope is lost. There are certain waivers and exceptions, but it’s best to consult with an immigration lawyer to navigate these complex rules.

Valid Entry into the U.S.

To adjust your status, you must have entered the U.S. legally. This means you should have entered with valid documentation and gone through inspection by an immigration officer.

Necessary Documentation

Form I-130, Petition for Alien Relative

The journey begins with filing Form I-130, which establishes the relationship between you and the U.S. permanent resident. This form is crucial as it kicks off the process and gets your spot in line for a visa number.

Form I-485, Application to Register Permanent Residence or Adjust Status

The next step involves filing Form I-485. This application is your formal request to adjust your status to that of a lawful permanent resident.

Proof of Relationship

You’ll need to provide substantial evidence to prove that your marriage is genuine. This might include joint financial accounts, photos together, leases, affidavits from friends and family, and more.

Supporting Documents

Along with your forms, you will need to submit various supporting documents, such as birth certificates, passports, marriage certificates, and any previous immigration documents.

Filing the I-485 Application

Cost and Requirements

Filing Form I-485 comes with a cost. As of 2023, it ranges from $1,140 to $1,225, including the biometrics fee. However, this price could vary, so always check the latest USCIS fee schedule.

Concurrent Filing

If you already hold a valid visa, you may be able to file your I-130 and I-485 concurrently. This can help speed up the process significantly.

Biometrics Appointment

What to Expect

After submitting your Form I-485, you’ll receive a notice for a biometrics appointment. Here, your fingerprints, photograph, and signature are taken for background checks.

Preparing for the Appointment

Bring the notice, a valid ID, and any other documents requested. The appointment is typically quick, but it’s a critical part of the process.

The Interview Process

Initial Review

USCIS officers will initially review your application and supporting documents. If all looks good, they will schedule an interview with both you and your spouse.

The Marriage-Based Interview

The interview is perhaps the most nerve-wracking part of the process. You’ll be asked questions about your relationship, daily routines, and future plans to ensure the marriage is genuine. Knowing what to expect can help ease the tension.

Common Interview Questions

• How did you meet?
• When and where was your wedding?
• What are your spouse’s hobbies and interests?
• What does your typical day together look like?

Preparing for the Interview

Revisit your application, gather more evidence, and practice answering questions with your spouse. Thorough preparation can make a world of difference.

Common Challenges and How to Overcome Them

Requests for Evidence (RFEs)

Sometimes, USCIS may find your initial evidence insufficient and will issue an RFE. Addressing these promptly and thoroughly is crucial for keeping your application on track.

Delays

Immigration processes often take longer than expected. Staying patient and keeping informed about your application’s status can ease some of the frustration.

Waiting for Your Green Card

Understanding Priority Dates

While waiting, check the Visa Bulletin for priority dates for your visa category and country. This will give you an idea of how long the wait might be.

Conditional Residence

If your marriage is less than two years old at the time you obtain your green card, you’ll receive conditional permanent resident status. You’ll need to apply to remove these conditions later.

Keeping Your Documents Updated

While you wait, ensure all your information with USCIS is up to date. Notify them of any address changes, travel plans, or other significant changes to avoid unnecessary complications.

Conclusion

Adjusting your status through marriage to a U.S. permanent resident is a complex, multi-step process, but it’s undoubtedly a path worth treading for a life together in the United States. Remember, patience and perseverance are your best allies on this journey. And when in doubt, don’t hesitate to seek professional help.

If you need assistance with your immigration process or have any questions, feel free to contact us at (212) 566-3572. Click here to reach out: Contact Us

Frequently Asked Questions

1. Can I work while my adjustment of status application is pending?
   Yes, you can apply for an Employment Authorization Document (EAD) while your application is pending.
2. How long does it take to get a green card through marriage to a permanent resident?
   The process can take anywhere from several months to a few years, depending on various factors, including current processing times and your country’s visa availability.
3. What if my application is denied?
   If your application is denied, you can appeal the decision. It’s advisable to consult an immigration attorney to explore your options.
4. Can I travel outside the U.S. while my application is pending?
   You can apply for Advance Parole to travel outside the U.S. while your application is pending, but it’s safer to avoid international travel until you receive your green card.
5. What if my spouse loses their permanent resident status?
   Your eligibility could be affected if your spouse loses their status. Consult with an attorney to get personalized advice.
6. Do I need a lawyer to file for adjustment of status?
   While it’s not mandatory to hire a lawyer, having professional guidance can help you navigate the complexities of immigration law more effectively.
7. What happens if my application gets delayed?
   Delays are common. Patience and staying informed through the USCIS case status tool can help you navigate this waiting period.
8. Is a medical exam required for adjustment of status?
   Yes, a medical exam by a USCIS-approved physician is required as part of the I-485 application.
9. Can I include my children in my adjustment of status application?
   Yes, eligible children can be included in your application, but they must also meet certain criteria.
10. What are the income requirements for a sponsor?
    Your sponsoring spouse must meet minimum income requirements to prove they can financially support you without government assistance.