What is an Adjustment of Status through marriage?
April Perez • August 23, 2021
It is a petition that can be filed by a Lawful Permanent Resident or U.S. Citizen Spouse
on behalf of their immigrant spouse to obtain a green card. In order to file the petition, the individuals must be legally married, no specific period of time is required, but the length of the marriage at the time of the interview may affect if a 2 year or 10-year green card is issued if the case is approved.
There are two petitions that must be filled out: the I-130 Petition for Alien Relative and the I-485 Applicant to Register Permanent Residence. If the immigrant spouse is in the U.S. these two petitions are filed at the same time. Depending on the immigrant spouse’s status at the time of applying they may also be able to apply for the I-765 Application for Employment Authorization/Advance parole.
Each application carries its own fee that must be paid to USCIS and requires supporting documentation. Once the petitions are filed along with the required documents, including documentation to show that the marriage is a bona fide or real marriage, and it is received by USCIS, a receipt is issued, followed by a fingerprint appointment notice for the immigrant spouse. After that the couple must wait for an interview to be scheduled for them by USCIS. The interview notice will state the date, time, and place of their interview as well as all of the original documents that must be brought to the interview for the officer’s review. If you have an attorney your attorney should prepare you for the interview by going over what to expect at the interview, your documentation, and any issues that may come up.
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This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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