“I am a United States citizen and just married an international student. How do we file an adjustment of status for him to get a green card?”
First off, congratulations on your marriage! It is important to know that embarking on the journey towards permanent residency in the United States (US) through marriage to a US citizen is a significant legal process, which can make even the best paper-pushers cry. Although obtaining a green card can open doors to new opportunities, understanding the intricacies of the steps involved is crucial for a successful outcome. While this post will explain the basic steps one must take to obtain an adjustment of status, it should not be taken as legal advice. It is always best to speak to a licensed US immigration attorney about your specific situation.
Step 1: Are you Eligible to Adjust Status in the United States?
- Ensure that you are eligible to apply for adjustment of status. This includes determining that you are not inadmissible for any reason.
Step 2: Forms! Forms! Forms!
- There are several forms that make up an Adjustment of Status application. Including, but not limited to:
- Form I-130 Petition for an Alien Relative
- Form I-485 Application to Register Permanent Residence or Adjust Status
- Form I-765 Application for Employment Authorization (optional)
- If you wish to work in the U.S. while your adjustment of status is pending, submit Form I-765 along with Form I-485. This is optional, but it is a common step for many applicants.
- Form I-131 Application for a Travel Document (optional)
- If you need to travel outside the U.S. while your adjustment of status is pending, submit Form I-131. This document allows you to re-enter the country after temporary international travel.
Step 3: Evidence! Evidence! Evidence!
- Read the directions for each form very carefully and pay specific attention to the evidentiary requirements.
- For a marriage-based Adjustment of Status, proving that your relationship is genuine is a very important component.
Step 4: Fees! Fees! FEEEEEEEEES!
- Check to make sure you know which filing fees need to be paid. Fee amounts can change and USCIS will reject your filing if you do not have the correct amount. Filing fees are going up, significantly, as of April 1, 2024, so file before that date if you can.
Step 5: File Your Application!
- Decide whether you will submit your application via mail or whether you will file part of it online. Be sure to check the correct USCIS filing address if you are going to mail in your application.
Step 6: Biometrics Appointment
- Once your application has been received and accepted, USCIS will schedule a biometrics appointment for you to provide fingerprints, photographs, and a signature. It is very important that you read the notice carefully, complete all the required directions and attend the appointment as scheduled.
Step 7: Interview (if applicable)
- USCIS may schedule an interview to assess the legitimacy of your marriage or other aspects of your application. Attend the interview with all requested documentation.
Step 8: Decision!
- USCIS will review your application and notify you of the decision. If approved, you will receive your green card in the mail. In some cases, if the marriage is less than two years old, a conditional green card will be issued.
Extra Tips: After your spouse’s green card is issued, you may need to remove the conditions on the green card 90 days before it expires. Please remember to check the USCIS website (www.uscis.gov) for the most up to date forms, instructions and filing fees.
The US adjustment of status process can be complex, and seeking the guidance of experienced immigration attorneys helps ensure a smooth and successful journey towards permanent residency in the United States. At AVA, we are committed to assisting you at every stage, ensuring that your path to a new chapter in the US is navigated with confidence and expertise. If you have any questions, you can call us at 970-680-1223 or schedule an appointment at Book Online – Aspire Visa Attorneys (AVA). Please note our attorneys are authorized to practice US immigration law in all 50 states and at US consulates and embassies abroad.
Current as of February 20, 2024