The process of adjusting status after marriage can be a complex journey, but with the right guidance, you can navigate it successfully.
Whether you’re newly married or considering marriage, this guide will help you understand how to transition from a non-immigrant visa to permanent residency in the United States through marriage.
What is Adjustment of Status?
Adjustment of Status (AOS) is the process by which a person who is already in the United States on a temporary (non-immigrant) visa can apply for a green card (permanent residency) without needing to return to their home country to complete visa processing.
This process is commonly used by individuals married to U.S. citizens or lawful permanent residents.
Why Choose Adjustment of Status After Marriage?
For many, AOS is the preferred method for obtaining a green card after marriage due to several key benefits:
- Stay in the U.S.: You can remain in the United States while your green card application is being processed.
- Work Authorization: You can apply for work authorization (EAD) and advance parole (travel authorization) while your AOS application is pending.
- Family Unity: Couples can stay together in the U.S. during the entire process.
Eligibility Requirements for Adjustment of Status
To be eligible for AOS through marriage, you must meet specific criteria:
- Lawful Entry: You must have been lawfully admitted to the U.S. through a visa or the Visa Waiver Program.
- Marital Relationship: You must be married to a U.S. citizen or lawful permanent resident. Proof of a bona fide marriage is crucial.
- No Bars to Adjustment: Certain factors, such as unauthorized work or overstaying a visa, can disqualify you unless you’re married to a U.S. citizen.
- Visa Availability: If you’re married to a lawful permanent resident, a visa number must be available for you, which may require waiting.
The Step-by-Step Process for Adjustment of Status After Marriage
File Form I-130 (Petition for Alien Relative)
This form establishes your relationship with the U.S. citizen or permanent resident spouse. If you’re married to a U.S. citizen, you can file Form I-130 and Form I-485 (Application to Register Permanent Residence or Adjust Status) simultaneously.
File Form I-485 (Application to Adjust Status)
This is the main form used to apply for a green card. It includes detailed information about your background and eligibility.
Attend the Biometrics Appointment
After filing, you’ll be scheduled for a biometrics appointment, where your fingerprints, photo, and signature will be taken for background checks.
Attend the Adjustment of Status Interview
Most applicants will be required to attend an interview with a U.S. Citizenship and Immigration Services (USCIS) officer. The interview will focus on the authenticity of your marriage and your eligibility for a green card.
Receive the Decision
After your interview, USCIS will review your case and decide. If approved, you will receive your green card in the mail. If not, you may receive a request for additional evidence or a denial notice.
Bona Fide Marriage Evidence Requirements
To successfully prove the legitimacy of your marriage, you need to present compelling evidence. This evidence is critical to demonstrating to USCIS that your marriage is bona fide and not solely for immigration benefits.
Here’s a detailed look at the types of evidence you should gather:
- Joint Financial Documents:
- Bank Account Statements: Provide statements from joint bank accounts showing both spouses’ names and regular transactions.
- Credit Card Statements: Include statements from joint credit cards or accounts where both names appear.
- Tax Returns: Submit joint tax returns filed with the IRS.
- Property and Lease Agreements:
- Mortgage or Lease Documents: Copies of a mortgage or lease agreement with both spouses’ names can be strong evidence of cohabitation.
- Utility Bills: Include utility bills that list both spouses’ names and show the same address.
- Insurance Policies:
- Health Insurance: Provide evidence of shared health insurance plans.
- Life Insurance: Include policies where one spouse is the beneficiary of the other.
- Personal Affidavits and Statements:
- Affidavits from Friends and Family: Statements from friends or family members attesting to the authenticity of your marriage.
- Personal Statements: A letter from each spouse describing how the relationship developed, including significant dates and shared experiences.
- Photographs and Correspondence:
- Photographs Together: Provide photographs from your wedding, family gatherings, holidays, and daily life.
- Correspondence: Include copies of emails, letters, or messages exchanged during your relationship.
- Shared Responsibilities:
- Children: If applicable, provide birth certificates of children born to the marriage.
- Shared Responsibilities: Evidence of shared responsibilities, such as pet adoption papers or joint memberships.
Common Pitfalls and How to Avoid Them
The Adjustment of Status process can be complex, and many applicants make mistakes that can delay or even derail their applications.
Here’s a look at common pitfalls and how to avoid them:
- Incomplete or Incorrect Forms:
- Solution: Double-check all forms for completeness and accuracy before submission. Consider having an immigration attorney review your forms.
- Insufficient Evidence:
- Solution: Provide comprehensive evidence of your marriage. Avoid submitting too little or irrelevant documentation. Over-preparing is better than under-preparing.
- Missed Deadlines or Appointments:
- Solution: Keep track of all deadlines and appointments. Missing a deadline can delay your application significantly.
- Inconsistent Information:
- Solution: Ensure that the information provided in your forms, evidence, and during the interview is consistent. Inconsistencies can raise red flags.
- Failure to Prepare for the Interview:
- Solution: Prepare thoroughly for the AOS interview. Practice answering common questions with your spouse and gather all required documentation.
Post-Green Card Steps: What Comes Next?
Once your Adjustment of Status application is approved and you receive your green card, you’ve reached a significant milestone.
However, there are additional steps and responsibilities to consider:
Conditional Green Card for Recent Marriages:
- If Married for Less Than Two Years: If your marriage is less than two years old at the time of your AOS approval, you will receive a conditional green card, valid for two years.
- Removing Conditions: To remove the conditions on your green card, you must file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the card’s expiration. This process will again require proof that your marriage is bona fide.
Maintaining Permanent Residency
- Travel Considerations: As a green card holder, you should avoid extended travel outside the U.S. Without proper documentation, extended absences could jeopardize your permanent resident status.
- Change of Address: Always update your address with USCIS using Form AR-11, as failing to do so can result in serious consequences.
Responsibilities as a Green Card Holder
- Taxes: You are required to file U.S. taxes as a resident. Consult a tax professional to ensure compliance with tax laws.
- Legal Obligations: Abide by all U.S. laws. Criminal activity can lead to deportation and loss of your green card.
Path to Citizenship: Becoming a U.S. Citizen
After obtaining your green card, the next significant step is becoming a U.S. citizen through naturalization. Here’s a breakdown of what you need to know:
Eligibility for Naturalization
- Standard Timeline: You can apply for U.S. citizenship after five years of holding a green card.
- Spouse of a U.S. Citizen: If you’re married to a U.S. citizen, you can apply after just three years, provided you have been living with your spouse during this period.
Naturalization Process
- File Form N-400 (Application for Naturalization): This is the main form you need to apply for citizenship.
- Biometrics Appointment: Similar to the AOS process, you will attend a biometrics appointment.
- Naturalization Interview and Test: You’ll be required to take a test on U.S. history and government, and demonstrate your ability to read, write, and speak basic English.
Oath of Allegiance
- Final Step: The naturalization process concludes with the Oath of Allegiance ceremony, where you officially become a U.S. citizen.
FAQs About Adjustment of Status After Marriage
How long does the adjustment of status process take?
- The process can take anywhere from 8 months to over a year, depending on various factors such as USCIS backlogs and the complexity of your case.
Can I travel outside the U.S. while my AOS application is pending?
- You can travel if you have an approved advance parole document. Without it, your AOS application could be considered abandoned.
What if my spouse is a lawful permanent resident, not a U.S. citizen?
- If married to a lawful permanent resident, the process might take longer due to visa number availability. Once your spouse becomes a U.S. citizen, your case will be upgraded.
What should I do if my application is taking too long?
- If your case is significantly delayed, you can contact USCIS for a status update or seek assistance from an immigration attorney.
Can I include my children in my AOS application?
- Yes, your unmarried children under 21 can be included in your AOS application. Each child will need to file a separate Form I-485.
What happens if my AOS is denied?
- If your AOS application is denied, you may appeal the decision or reapply. Consulting with an immigration attorney is highly recommended to address the reasons for denial.
What should I do if my spouse dies during the AOS process?
- If your spouse dies during the AOS process, you may still be eligible to adjust status as a widow(er) of a U.S. citizen. You must notify USCIS and may need to file additional paperwork.
Is there a difference in the process if I entered the U.S. without inspection?
- Entering the U.S. without inspection complicates the AOS process and may require additional steps, such as applying for a waiver of inadmissibility.
Conclusion
Adjusting your status after marriage is a life-changing process that offers the opportunity to live permanently in the United States with your spouse.
While the process can be daunting, understanding the steps, gathering comprehensive evidence, and preparing thoroughly can increase your chances of a successful outcome.
For those facing challenges, consulting with an experienced immigration attorney can provide valuable guidance and peace of mind.
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