The Adjustment of Status Marriage Green Card Process for Spouses and Fiancés in the US
“Sharon was really helpful in making us understand the process and guided us well throughout the application. I am extremely happy about my experience and would have given a 10 star if I could have. Thank you!”
Embarking on the journey to secure a marriage green card can be a maze of paperwork, appointments, and anxiety, especially when you're already in the US. As an immigration lawyer who's been burned by unscrupulous practices myself, I understand how critical it is to get this process right, ensuring your experience is as smooth and transparent as possible. This guide will walk you through the adjustment of status process step-by-step, helping you gain clarity and confidence as you navigate this journey with your US citizen spouse or fiancé.
Why Adjustment of Status Might Be Your Best Bet
If you're currently in the US on a non-immigrant visa, such as a visitor visa (B2), student visa (F-1), or even a fiancé visa (K-1), and have married or plan to marry a US citizen, then the adjustment of status (AOS) process allows you to apply for a marriage green card without leaving the country. This means you won’t need to endure the lengthy and often unpredictable consular processing path.
Why Not Consular Processing for the Marriage Green Card?
Consular processing is the route for those whose foreign national spouse is abroad, and it involves waiting for approval from a US consulate in the spouse’s home country. The process can take anywhere from 1.5 to 2 years depending on the consulate, and you're at the mercy of their timelines, which can be quite inconsistent. Unlike AOS, you have less control over the process, and there’s the added emotional toll of being separated from your partner during the wait.
Similarly, the fiancé visa route (K-1) requires your partner to first enter the US on a visa, marry you within 90 days, and then apply for AOS. It can be a lengthy ordeal with numerous steps, meaning more waiting, more anxiety, and more opportunities for things to go astray. That’s why, if you’re already in the US, adjustment of status is often the more practical and manageable choice.
Understanding the Adjustment of Status Process
The adjustment of status process is the path you take to change your current visa status to that of a lawful permanent resident, granting you the coveted green card. It means you won’t have to leave the US and wait for approval abroad. However, it’s essential to ensure you meet the eligibility requirements before embarking on this journey.
Who Can Apply for Adjustment of Status?
- You must be physically present in the US.
- You must have entered the US lawfully on a valid visa or under the Visa Waiver Program (ESTA).
- You’re married to or engaged to a US citizen or a lawful permanent resident.
If you’re a spouse of a US citizen, the AOS process is even more straightforward, as you’re considered an "immediate relative." This means you can file all your paperwork concurrently, speeding up the timeline significantly.
The 6-Step Adjustment of Status Process
Step 1: Filing Form I-130 (Petition for Alien Relative)
The I-130 form is your first official step in demonstrating the legitimacy of your relationship. This petition is filed by the US citizen spouse to establish that a valid relationship exists with the foreign national spouse.
- What You'll Need:
- Completed Form I-130 and the I-130A (Supplemental Information for Spouse Beneficiary)
- Evidence of a bona fide marriage, such as joint bank statements, shared lease agreements, wedding photos, or affidavits from family and friends.
*Tip:* Gather as much documentation as possible to show your marriage is genuine, not just for immigration purposes
Step 2: Filing Form I-485 (Application to Adjust Status)
The I-485 is your official application to change your status to that of a permanent resident. If your spouse is a US citizen, you can file the I-485 concurrently with the I-130, expediting the process.
- Supporting Documents Include:
- Your birth certificate and a certified translation (if applicable)
- A completed medical examination report (Form I-693)
- Evidence of lawful entry (Form I-94 or visa stamp)
- Proof of financial support from your spouse (Form I-864, Affidavit of Support)
Step 3: Attend the Biometrics Appointment
After filing your I-485, you’ll receive a notice to attend a biometrics appointment, where your fingerprints, photograph, and signature will be taken for background checks. This is a routine step but essential for the government to verify your identity and screen for any security risks.
Step 4: Apply for Work and Travel Permits
As you wait for your green card application to be processed, you can apply for work authorization (Form I-765) and advance parole (Form I-131). These permits allow you to work and travel outside the US while your AOS application is pending.
- Why It Matters: The ability to work reduces the financial strain of the waiting period, and advance parole means you can travel abroad without abandoning your AOS application
Step 5: Attend the Marriage Green Card Interview
One of the most nerve-wracking parts of the adjustment of status process is the green card interview. This is where a USCIS officer assesses the authenticity of your marriage.
- How to Prepare:
- Bring all original documents submitted with your application.
- Be ready to answer questions about your relationship, daily life, and plans as a couple.
*Note:* They’re not trying to catch you out – they simply want to ensure your marriage is genuine. It’s why having a firm that specializes in marriage green cards, like ours, is invaluable. We prepare our clients thoroughly for this stage, so you feel confident walking into that interview.
Step 6: Receiving Your Green Card
If all goes well, you’ll receive an approval notice in the mail, and your green card will arrive shortly after. Congratulations – you’re officially a permanent resident! If you’ve been married for less than two years, you’ll receive a conditional green card valid for two years. You’ll need to file Form I-751 to remove these conditions before it expires.
How My Firm Can Make Your Journey Less Stressful
Having been through the immigration process myself, I’ve experienced first-hand the anxiety and uncertainty it can bring. That’s why I’ve dedicated my practice to helping couples like you navigate the adjustment of status process with empathy, expertise, and a genuine desire to see you succeed.
Unlike other firms that handle every type of immigration case under the sun, we focus solely on marriage green cards and fiancé visas. This niche expertise means we know exactly what it takes to build a strong, compelling case and avoid the common pitfalls that can delay or derail your application. We don’t just file forms – we partner with you on this journey, answering your questions, addressing your concerns, and keeping you informed at every step.
Comparing Adjustment of Status to Consular Processing
As mentioned earlier, consular processing involves applying for a green card from outside the US. This route is often necessary if your spouse is still abroad, but it comes with its fair share of drawbacks:
- Longer Processing Times: Consular processing can take anywhere from 1.5 to 2 years, depending on the workload and efficiency of the consulate in your spouse’s home country
- Less Control: You’re at the mercy of the consulate’s schedule, which means delays are often out of your hands.
- Separation: Being apart from your spouse for an extended period can be emotionally taxing.
On the other hand, the adjustment of status process allows you to stay together in the US while awaiting your green card, giving you more control over the process and peace of mind.
Common Pitfalls to Avoid in the Adjustment of Status Process
1. Misrepresenting Intent: It’s essential that you entered the US with a non-immigrant intent. If you came on a visitor visa with the sole intention of marrying and staying permanently, it could jeopardize your application. However, if your intent changed after arrival, that’s perfectly acceptable.
2. Insufficient Evidence: You must be diligent in proving your marriage is bona fide. Even if you’ve been married for years, failing to provide adequate documentation can lead to delays or denials.
3. Missing Deadlines: USCIS is unforgiving with deadlines. If they request additional evidence (RFE), make sure you respond promptly.
When to Seek Legal Assistance for your Marriage Green Card?
You might wonder, “Do I need an immigration lawyer for this process?” While it’s possible to handle the adjustment of status application yourself, there are situations where professional guidance is invaluable:
- Complex Visa Histories: If you’ve overstayed a visa or entered without inspection, your case could be more complicated.
- Concerns About Proving Your Relationship: We can help you gather and present the right evidence to avoid unnecessary delays or scrutiny.
Final Thoughts
The adjustment of status process is a journey that requires patience, attention to detail, and a fair bit of courage. But with the right guidance, it can also be a smooth and ultimately rewarding path toward building your life together in the US.
If you're ready to take that first step, reach out today. Let's make this journey a little less daunting – and a lot more predictable.
If you’re looking for a reliable partner who understands the intricacies of marriage green cards and has walked this road before, I’m here to help. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.