How to adjust status through marriage
Adjusting your immigration status through marriage is a significant step for many individuals seeking to obtain permanent residency in the United States. This process allows a foreign national to transition from a temporary visa status to that of a lawful permanent resident, commonly referred to as obtaining a green card. Below is a comprehensive guide on how to navigate this journey effectively.
1. Understanding Eligibility
To adjust your status through marriage, you must be legally married to a U.S. citizen or a lawful permanent resident. It's important to ensure that your marriage is legitimate and not entered into solely for immigration benefits, as the latter can lead to serious legal consequences.
2. Gather Necessary Documentation
You will need to compile several essential documents, including:
- A valid marriage certificate
- Proof of your spouse’s citizenship or permanent residency (e.g., birth certificate, naturalization certificate, or green card)
- Evidence of your relationship (e.g., photographs, joint bank accounts, and correspondence)
- Form I-130 (Petition for Alien Relative)
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
3. Filing the Required Forms
Start by having your U.S. citizen or permanent resident spouse file Form I-130 with the United States Citizenship and Immigration Services (USCIS). This form establishes the authenticity of your marriage. Once it’s approved, you can move forward with Form I-485 to adjust your status. If you are in the U.S. on a different visa, it is crucial to file both forms concurrently if eligible.
4. Attend the Biometrics Appointment
After submitting your application, USCIS will schedule a biometrics appointment for you. This involves providing fingerprints, photographs, and your signature, which helps the agency conduct background checks.
5. Prepare for the Interview
Once your application is processed, an interview will be scheduled. Both you and your spouse must attend this interview, where a USCIS officer will assess the legitimacy of your marriage. It’s wise to bring any additional evidence that can support your case, such as further joint financial documents and pictures of your life together.
6. Wait for the Decision
After your interview, you’ll receive a decision on your application. If approved, you will receive your green card in the mail. If there are any complications or additional documentation is needed, USCIS will issue a Request for Evidence (RFE) to clarify matters.
7. Conditions on Permanent Residency
If your marriage is less than two years old at the time of approval, you will receive a conditional green card valid for two years. To remove conditions, you must jointly file Form I-751 (Petition to Remove Conditions on Residence) within the 90 days prior to its expiration.
8. Seek Legal Guidance
Navigating the immigration process can be complex. Therefore, it might be beneficial to consult with an immigration attorney to ensure all paperwork is properly filed, and to receive tailored advice based on your specific situation.
Adjusting your status through marriage can be a straightforward process if the proper steps are followed. By ensuring that you have the right documentation and understanding the requirements, you can move closer to obtaining your green card and solidifying your status in the United States.