Marriage Based Green Cards: An Overview
If you are married to a U.S. citizen (USC) or lawful permanent resident (LPR), adjusting your status to obtain a green card can be an exciting but complicated journey. The adjustment of status (AOS) process allows eligible individuals already in the United States (U.S.) to apply for LPR status without needing to return to their home country. This is often a preferred choice for many because it avoids lengthy separation periods and complicated consular processing.
What is an Adjustment of Status?
AOS is the process that allows an individual already in the U.S. to apply for a green card without having to leave the country. This option is available for those who meet specific eligibility requirements, including being the spouse of a U.S. citizen or green card holder.
Who is Eligible to file an AOS based upon marriage?
To adjust status through marriage, you must meet the following requirements:
- Lawful Entry: You must have entered the U.S. legally, typically with a visa or through the Visa Waiver Program.
- Marital Status: You must be legally married to a U.S. citizen or LPR. Fiancé visas (K-1) are also included, but the marriage must take place within 90 days of entry.
- Immigration Status: If married to a U.S. citizen, you do not need to maintain lawful status throughout your stay. However, if married to a lawful permanent resident, you must not have violated your visa terms.
Those with criminal backgrounds, past immigration violations, or other areas of inadmissibility may face additional hurdles and should consult with an immigration attorney such as AVA Global.
What Forms are Required for a Marriage based AOS?
The AOS process requires submitting several forms and supporting documents, including:
- Form I-130 (Petition for Alien Relative): Filed by the U.S. citizen or green card holder spouse to establish the relationship.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): Filed by the immigrant spouse to request a green card.
- Form I-864 (Affidavit of Support): To prove the sponsoring spouse can financially support the immigrant.
- Form I-693 (Report of Medical Examination and Vaccination Record): Required to ensure the immigrant meets health requirements.
- Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document): Optional but highly recommended as they allow the immigrant to work and travel while the AOS application is pending.
- Form I-131 Application for a Travel Permit
What is the Interview Process Like?
Although recently marriage interviews have not been regularly required, they can be a criteria in order to be approved for a marriage-based green card. In an interview, the USCIS officers assess the legitimacy of your marriage. Questions can range from personal details (such as how you met, daily routines, and plans for the future), to specific inquiries about your wedding day or household management. Both spouses should attend the interview and be prepared to answer honestly and consistently.
What Happens If Your Adjustment of Status Application is Denied?
Denials can occur for various reasons, including insufficient evidence, inconsistencies in your application, or ineligibility due to past immigration violations. If your application is denied, USCIS will provide a detailed explanation. It is crucial to consult with an immigration attorney if you face a denial to explore your options.
How Long Does the Adjustment of Status Process Take?
Processing times for adjustment of status vary based on location, case complexity, and USCIS workload. Generally, the process can take anywhere from 4 to 24 months. Expedited processing may be available in urgent circumstances, but these requests are rarely granted without compelling reasons.
Final Thoughts
Routing the AOS process through marriage can be daunting, but with the proper preparation and understanding, it can be a smooth path to obtaining your green card. Each case is unique, and while general information can be helpful, it is always advisable to consult with an experienced immigration attorney who can guide you based on your specific circumstances. An attorney can help avoid pitfalls, ensure all paperwork is correctly completed, and represent your best interests throughout this significant life transition.
If you have questions about adjustment of status or need personalized assistance, contact our office today to schedule a consultation. We are here to help you every step of the way toward achieving your immigration goals.
Our U.S. immigration attorneys are licensed to practice U.S. immigration law around the world and at all consulates/U.S. embassies.
**This is not legal advice and engagement with this post does not constitute any protections under attorney/client privilege. Please seek out a consultation for specifically tailored advice to your situation.
Current as of September 24, 2024