Status adjustment after marrying a U.S. citizen

On Behalf of | Feb 21, 2024 | Adjustment Of Status

Are you considering adjusting your immigration status after marrying a U.S. citizen? Congratulations on taking this significant step towards building your future together!

Navigating immigration law can feel overwhelming, but fear not – when you know what to expect, you can minimize the likelihood of anything going wrong.

What is a status adjustment?

Adjustment of status is the process by which an individual changes their immigration status to become a lawful permanent resident of the United States while staying in the country.

To be eligible for adjustment of status, you must meet certain requirements:

  • Valid marriage: You must be legally married to a U.S. citizen
  • Lawful entry: You must have legally entered the U.S. with a valid visa or through the Visa Waiver Program
  • Admissibility: You must be admissible to the United States, meaning you do not have certain criminal convictions or immigration violations.

Meeting these requirements is the key to a successful application process. Successful status adjustment can give foreign spouses legal authorization to live and work in the United States indefinitely.

Step-by-step: Adjusting your status

Before beginning the adjustment of status process, gather the necessary documents, including:

  • Marriage certificate: Proof of your marriage to a U.S. citizen
  • Form I-485: Application to adjust status
  • Form I-130: Filed by your U.S. citizen spouse
  • Form I-864: Affidavit of Support, demonstrating financial sponsorship
  • Form I-693: Medical examination and vaccination record

Once you have all the necessary documents, submit Form I-485 alongside the necessary supporting documents to the United States Citizenship and Immigration Services (USCIS). Include the appropriate filing fee or request a fee waiver if you’re eligible.

Once USCIS receives your application, you can expect a biometrics appointment where you’ll provide your fingerprints, photographs and signature. After processing your application, USCIS will schedule an interview at your local USCIS office. Both you and your spouse must attend the interview, where an immigration officer will review your application and ask questions about your relationship.

Following the interview, wait for a verdict on your application. If approved, you can expect your green card in the mail. If denied, you may appeal the decision or reapply, depending on the circumstances of the denial.

Adjusting your immigration status after marrying a U.S. citizen is a significant milestone that can lead to a brighter future for you and your loved ones. By understanding the process and following the right steps, you can navigate this process with confidence and ease. Remember, seeking guidance from an experienced legal practitioner can provide more clarity throughout this journey.

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