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Adjustment of Status Through Marriage

Through marriage, a foreign national can become an immediate relative of a United States citizen, allowing him or her to apply for a green card through marriage in the U.S. The immediate relative classification allows a foreign national to apply for a visa without having to worry about preference categories or priority backlogs, since an immigrant visa will always be available to him or her. However, the adjustment of status process involves a lot of paperwork, obligatory bureaucratic processes, and even an interview. Having an experienced immigration law attorney can help out immensely.

At the Immigration Law Office of Los Angeles, P.C., we make sure our clients feel secure every step of the way. We immediately respond to our clients’ inquiries and keep them up to date with their progress from start to finish. That is why we are known for providing quality service in addition to sound legal counsel. To find out more about how we can help you with your immigration issues, call us today at (800) 792-9889.

What are the Requirements for Adjustment of Status through Marriage?

A foreign national who is interested in applying for adjustment of status through marriage should fulfill the following conditions:

  • Physically present in the U.S.
  • Was inspected and lawfully admitted into the nation by a U.S. immigration official.
  • Has no previous criminal or immigration history that renders them inadmissible.

If the foreign national does not fulfill the two former requirements, then he or she may apply for lawful permanent resident status through Immigrant Visa Process (IVP) instead. Also, he or she may apply for waiver(s) if considered inadmissible due to past criminal or immigration violations.

What Documentation is Required for Adjustment of Status through Marriage?

Adjustment of status applicants must submit a comprehensive package of documentation to United States Citizenship and Immigration Services (USCIS) to prove the legitimacy of their marriage and, in turn, their eligibility. The two primary forms are:

  • Form I-130 – Petition for Immediate Relative: The form is necessary for the validation of the marriage. Evidence of the marriage’s legitimacy must be submitted with the form. Such evidence may include photographs, joint account statements, insurance policies, and other documents.
  • Form I-485 – Adjustment of Status: This form determines whether or not the applicant is admissible and qualifies for permanent residency status.

Additionally, the following two ancillary forms must be submitted:

  • Form I-693 – Medical Exam Results: A USCIS approved civil surgeon must conduct a medical examination of the foreign national spouse to ensure he or she is not inadmissible on medical grounds.
  • Form I-864 – Affidavit of Support: The form is completed by the U.S. citizen spouse and checks whether he or she is able to financially support the foreign national spouse.

Finally, the following forms may be submitted to establish or preserve the foreign national spouse’s employment eligibility and travel privileges:

  • Form I-765 – Application for Employment Authorization: A foreign national may file this alongside adjustment of status paperwork to receive work privileges while his or her adjustment of status case is pending. If approved, he or she receives an Employment Authorization Document (EAD), which allows him or her to work in any position for any employer.
  • Form I-131 – Application for Advance Parole: A foreign national may file this alongside adjustment of status paperwork to retain international travel privileges while his or her adjustment of status case is pending. If approved, he or she receives an Advance Parole Document.

If an applicant departs the U.S. before the adjustment of status application is processed and without advance parole, he or she may forfeit their application to adjust status.


Green Card through Marriage Cost

What’s the Green Card throug Marriage cost?

What Should I Expect after Filing Adjustment of Status through Marriage?

The foreign national applicant should receive Receipt Notices for each application filed within 2-3 weeks of filing. Afterwards, he or she will be scheduled by the USCIS for a Biometrics Appointment, which involves the foreign national having their picture and fingerprints taken for security purposes. If the USCIS deems the original documentation that was submitted with the forms to be inadequate, they will request the submission of specific information. Finally, an interview will be conducted with the couple by an immigration officer, the purpose of which is to determine the legitimacy of the marriage.

After everything has been completed, the officer will usually let the couple know if the foreign national has been approved for permanent residency, or if there are any issues. If approval is not given at the end of the interview, the couple will likely have to wait 30-60 days before an answer is given.

Bringing Loved Ones Together

Without legal guidance, the adjustment of status process can be burdensome, costly, and time-consuming. To avoid unnecessary delays, you should contact the qualified immigration lawyers at the Immigration Law Office of Los Angeles, P.C. We will work hard to streamline the process for you so you and your loved one can start your new lives together as soon as possible. We offer comprehensive consultations and document reviews at low costs.

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