Complete Guide to Adjustment of Status After Marriage: Process, Requirements, & Tips - Everything You Need to Know
Adjustment of status after marriage allows foreign spouses to become permanent residents in the US. Learn about eligibility and application process!
Adjustment of Status after Marriage is a process that allows an individual to obtain lawful permanent residency in the United States. This process is available for foreign nationals who have married a U.S citizen or lawful permanent resident. The Adjustment of Status process can be complex, but it is important to understand the steps involved and the requirements that must be met. In this article, we will explore the Adjustment of Status process after marriage, including eligibility requirements, documents needed, and common issues that may arise during the process.
Firstly, it is important to note that the Adjustment of Status process is only available to those who are currently living in the United States. If you are living outside of the United States, you will need to apply for a visa through the U.S. consulate in your home country. However, if you are already in the U.S. on a valid visa or have entered the U.S. legally, you may be eligible to adjust your status to become a lawful permanent resident.
The eligibility requirements for Adjustment of Status after Marriage are relatively straightforward. You must have married a U.S. citizen or lawful permanent resident, and you must be able to prove that your marriage is legitimate. This means that you must provide evidence that you have a bona fide relationship with your spouse, such as joint bank accounts, shared property, and photographs of the two of you together.
One of the most important aspects of the Adjustment of Status process after marriage is gathering the necessary documents. You will need to provide evidence of your identity, such as a passport or birth certificate. Additionally, you will need to provide evidence of your marriage, such as a marriage certificate, and evidence of your spouse's citizenship or permanent residency status.
Another important aspect of the Adjustment of Status process is the interview. During the interview, you will be asked questions about your relationship with your spouse, your immigration history, and other relevant topics. It is important to be prepared for the interview and to provide honest and accurate answers to all questions.
One potential issue that may arise during the Adjustment of Status process after marriage is a finding of inadmissibility. If you have a criminal record or have violated immigration laws, you may be found inadmissible and may not be able to adjust your status. However, there are waivers available in some cases, and it is important to speak with an experienced immigration attorney if you have any concerns about inadmissibility.
The timeline for the Adjustment of Status process after marriage can vary depending on a number of factors, including the backlog of applications at the U.S. Citizenship and Immigration Services (USCIS). Generally, the process can take several months to a year or more. It is important to be patient and to stay informed about the status of your application.
Overall, the Adjustment of Status process after marriage is a complex but important step for foreign nationals who wish to obtain permanent residency in the United States. By understanding the requirements and procedures involved, you can increase your chances of success and make the process as smooth as possible.
Introduction
Adjustment of status is the process of changing an individual’s immigration status while in the United States. An adjustment of status after marriage is a common way for foreign nationals to obtain legal permanent residency or a green card. Marriage to a U.S. citizen provides a direct path to a green card for the foreign national spouse. However, the process can be complex and stressful, and it is important to understand the requirements and procedures involved.
Eligibility Requirements
To be eligible for adjustment of status after marriage, the foreign national spouse must have entered the United States legally. This means that they must have been inspected by an immigration officer upon entry and have been granted a visa or other status. They must also have a valid marriage to a U.S. citizen, and the marriage must be bona fide, meaning that it is a genuine and legitimate relationship.
Bona Fide Marriage
Proving that a marriage is bona fide can be challenging, as there are many factors that USCIS considers when evaluating the relationship. These include:
- The duration of the relationship
- The living arrangements of the couple
- Joint financial assets and liabilities
- Shared household expenses
- The presence of children together
- Communication and correspondence between the couple
The Adjustment of Status Process
The adjustment of status process involves several steps, including filing a petition, submitting supporting documents, attending an interview, and waiting for a decision from USCIS. The following are the main steps involved:
Filing the Petition
The first step in the adjustment of status process is for the U.S. citizen spouse to file a petition on behalf of their foreign national spouse. This is done using Form I-130, Petition for Alien Relative. The petitioner must provide evidence of their U.S. citizenship, such as a birth certificate or passport, and proof of the bona fide marriage, such as a marriage certificate and joint financial documents.
Filing the Adjustment of Status Application
Once the petition is approved by USCIS, the foreign national spouse can file an application for adjustment of status using Form I-485, Application to Register Permanent Residence or Adjust Status. The application must be accompanied by supporting documents, such as medical exams, police clearances, and financial documents.
Biometrics Appointment
After the application is submitted, the foreign national spouse will be scheduled for a biometrics appointment. This involves providing fingerprints, photographs, and a signature for background checks.
Interview
After the biometrics appointment, the couple will be scheduled for an interview with a USCIS officer. The purpose of the interview is to verify the bona fide nature of the marriage and to ensure that the foreign national spouse is not inadmissible to the United States for any reason.
Decision
After the interview, USCIS will make a decision on the application for adjustment of status. If the application is approved, the foreign national spouse will be granted legal permanent residency and receive a green card. If the application is denied, the couple may have the option to appeal the decision or reapply.
Conclusion
Adjustment of status after marriage can be a complex and stressful process, but it provides a direct path to a green card for foreign national spouses of U.S. citizens. It is important to understand the eligibility requirements and procedures involved, as well as to provide strong evidence of the bona fide nature of the marriage. With careful preparation and guidance from an experienced immigration attorney, the adjustment of status process can be successful.
Introduction: Adjustment of Status After Marriage
Adjustment of status after marriage is a process through which a foreign national who marries a U.S. citizen or lawful permanent resident (LPR) can apply for and obtain lawful permanent resident status in the U.S. This process is available to foreign nationals who have entered the U.S. legally, are married to a U.S. citizen or LPR, and have not engaged in any conduct that would make them inadmissible under U.S. immigration laws.Eligibility Criteria for Adjustment of Status After Marriage
To be eligible for adjustment of status after marriage, the foreign national must meet certain criteria. They must have entered the U.S. legally, be married to a U.S. citizen or LPR, and not have engaged in any conduct that would make them inadmissible under U.S. immigration laws. Additionally, they must be physically present in the U.S. at the time of filing the adjustment of status application.Filing and Processing of Adjustment of Status Application
The adjustment of status application can be filed concurrently with the immigrant visa petition or after its approval. The application is filed with the U.S. Citizenship and Immigration Services (USCIS). The processing time varies depending on the workload, but it typically takes several months. During this time, the USCIS may request additional information or evidence to support the application.Supporting Documents Required for Adjustment of Status
To make a strong case for adjustment of status after marriage, the foreign national should submit supporting documents such as marriage certificate, birth certificate, passport, police clearance certificate, and medical examination report. These documents help to establish the validity of the marriage and the eligibility of the foreign national for adjustment of status.Biometrics and Interview
After the application is filed, the USCIS will schedule a biometrics appointment to capture the applicant's fingerprints, photograph, and signature for background checks. If required, the USCIS will also schedule an interview to assess the applicant's eligibility for adjustment of status. The interview is typically conducted at a USCIS office and is an opportunity for the USCIS officer to ask questions about the applicant's background and the validity of the marriage.Conditional Permanent Resident Status
If the marriage is less than two years old at the time of adjustment of status, the foreign national will be granted conditional permanent resident status. This means that they will be granted lawful permanent resident status, but it will be conditional. After two years, the conditional status can be removed by filing a joint petition to remove conditions or seeking a waiver.Denial and Appeals
If the adjustment of status application is denied, the USCIS will provide reasons for the denial. The foreign national can appeal the decision, but it is important to act quickly as there are strict deadlines for appeals. An immigration lawyer can provide guidance and representation throughout the appeals process.Rights and Benefits of Lawful Permanent Resident Status
Once the adjustment of status is approved, the foreign national becomes a lawful permanent resident of the U.S. This means that they have the right to live and work in the U.S. indefinitely. They are also eligible for various benefits such as social security, Medicare, and the ability to sponsor family members for immigration to the U.S.Issues to be Careful of During Adjustment Process
During the adjustment of status process, the foreign national should be careful not to violate any immigration laws. Even a minor violation can result in denial of the application and possible deportation. It is important to consult with an experienced immigration lawyer throughout the process to avoid any mistakes or issues.Conclusion
Adjustment of status after marriage can be a complex and lengthy process, but with proper guidance and preparation, it can lead to obtaining lawful permanent resident status in the U.S. It is recommended to consult with an experienced immigration lawyer throughout the process to ensure that all requirements are met and to avoid any issues or mistakes.Adjustment Of Status After Marriage: Pros and Cons
Adjustment of status after marriage is a legal process for foreign nationals who are married to U.S. citizens or permanent residents, allowing them to obtain permanent residency in the United States. The process involves an application to the United States Citizenship and Immigration Services (USCIS), which evaluates the eligibility of the applicant based on various factors.
Pros of Adjustment of Status After Marriage
- Ability to live and work in the U.S.: Once the adjustment of status application is approved, the applicant can legally reside and work in the U.S. without being subject to deportation.
- Opportunity to travel: The application also allows for travel outside of the U.S. without having to worry about being denied re-entry.
- Access to healthcare and other benefits: Once approved, applicants can access healthcare services and other benefits available to permanent residents.
- Path to citizenship: After a certain amount of time as a permanent resident, individuals can apply for citizenship, which provides additional benefits and opportunities.
Cons of Adjustment of Status After Marriage
- Lengthy process: The process can take several months to complete and requires extensive documentation and proof of eligibility.
- Expensive: The application fee alone can be several thousand dollars, not including legal fees if assistance is needed.
- Strict eligibility requirements: The applicant must meet strict eligibility requirements, including being legally married to a U.S. citizen or permanent resident and not having any criminal history or immigration violations.
- Potential for denial: Even if the applicant meets all eligibility requirements, there is still a chance of denial, which can result in being deported or not being able to enter the U.S. in the future.
Conclusion
Adjustment of status after marriage is a complex legal process with both pros and cons. It provides numerous benefits, including the ability to live and work in the U.S., access healthcare services and other benefits, and a path to citizenship. However, it can also be expensive, time-consuming, and strict eligibility requirements must be met. Therefore, individuals considering this process should carefully weigh the pros and cons before proceeding.
| Term | Definition |
|---|---|
| Adjustment of Status | A legal process allowing foreign nationals to obtain permanent residency in the U.S. |
| USCIS | United States Citizenship and Immigration Services, the government agency responsible for processing immigration applications. |
| Eligibility Requirements | The qualifications an applicant must meet to be considered for adjustment of status, including being married to a U.S. citizen or permanent resident and having no criminal history or immigration violations. |
| Application Fee | The cost of submitting an adjustment of status application, which can be several thousand dollars. |
| Permanent Residency | The status granted to foreign nationals allowing them to legally reside and work in the U.S. without being subject to deportation. |
Closing Message: Adjustment of Status After Marriage
Thank you for taking the time to read this article on adjustment of status after marriage. We hope that the information provided has been useful to you and has helped you better understand the process.Adjustment of status after marriage can be a complex and confusing process, but it is an important step for those looking to obtain permanent residency in the United States. It is always recommended to seek the guidance of an experienced immigration attorney to ensure that you are following the correct steps.As mentioned in the article, the first step in the adjustment of status process is to file Form I-130, Petition for Alien Relative. This is followed by filing Form I-485, Application to Register Permanent Residence or Adjust Status. It is important to note that these forms must be filed together and that the filing fees must be paid at the same time.Additionally, there are several other forms and documents that may need to be filed depending on your individual situation, such as Form I-765 for employment authorization and Form I-131 for travel documents. An immigration attorney can help determine which forms are necessary for your specific case.It is also important to keep in mind that the adjustment of status process can take several months or even years to complete. During this time, it is important to maintain lawful status in the United States and to follow all immigration laws and regulations.Finally, we cannot stress enough the importance of seeking the guidance of an experienced immigration attorney throughout the adjustment of status process. An attorney can help ensure that your paperwork is filed correctly and on time, and can answer any questions you may have along the way.Thank you again for reading this article on adjustment of status after marriage. We wish you the best of luck in your immigration journey.People Also Ask About Adjustment Of Status After Marriage
What is Adjustment of Status?
Adjustment of Status is the process of changing an individual’s non-immigrant status to immigrant status, which enables them to remain in the United States permanently.
Can I adjust my status after marriage?
Yes, you can adjust your status after marriage if you are married to a U.S. citizen or lawful permanent resident.
What documents are required for Adjustment of Status after marriage?
The documents required for Adjustment of Status after marriage include:
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Form I-130 (Petition for Alien Relative)
- Proof of marriage such as a marriage certificate
- Proof of legal entry into the United States such as an I-94 arrival/departure record
- Proof of identity such as a passport or birth certificate
- Proof of financial support such as an Affidavit of Support form and supporting documents
- Filing fee payment
How long does it take to get a green card after adjusting status through marriage?
The processing time for Adjustment of Status after marriage varies depending on the individual circumstances of the case. However, it typically takes 8-14 months for the entire process to be completed.
What if I entered the United States illegally?
If you entered the United States illegally, you may still be able to adjust status through marriage. However, you may need to apply for a waiver of inadmissibility, which can be a complicated process. It is recommended to consult with an experienced immigration attorney for guidance.