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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Picture this : your significant other finally proposed to you and you are excited, not only for wedding planning but to star t your green card process! One thing to decide before you pop the champagne and start vetting wedding vendors, do I apply for a K1 visa and then start the green card process or do I start the marriage green card process right away? Most people aren’t sure how to answer this question. So when do you apply for a K1 visa versus simply starting the marriage green card process? Keep reading to find out.
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.
Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
