Frequently Asked Questions When You Are Applying for an Adjustment of Status based on Marriage to a US Citizen or Permanent Resident
When I file for Adjustment of Status, will I need to submit my original birth certificate when I file the case, and if it’s in a foreign language will a certified translation suffice?
For Adjustment of Status cases, you do not need to submit your original birth certificate when you file your I-485 package. Instead, you must provide a copy of your birth certificate. Here’s what you need to keep in mind:
Copy of Birth Certificate: Submit a clear, legible photocopy of your birth certificate. The original document is typically only required if USCIS specifically requests it at a later stage (e.g., at your interview).
Certified Translation: If your birth certificate is in a foreign language, you must include a certified English translation. The translation should include:
A full, complete, and accurate translation of the document.
A certification from the translator stating that they are competent in both the source language and English and that the translation is accurate.
The certifier has to be fluent in English and the foreign language and use the correct certification language as discussed in my blog here.
Additional Documentation (if applicable): If you cannot obtain your birth certificate or it is unavailable, you may need to provide secondary evidence (e.g., affidavits, baptismal certificates, or school records) along with proof of your attempts to obtain the original.
If you do not file the correct version of your birth certificate with the Adjustment of Status case, you will likely receive a Request for Evidence (RFE) from USCIS. If you don’t submit the correct version as per US Department of State guidelines, your case will be denied and you will have to file your case again.
Can I file my Adjustment of Status case without the sealed I-693 medical exam if the report isn’t ready yet?
Yes, you can submit your adjustment of status application without the completed medical exam if it’s not ready in time. Simply submit Form I-693 (sealed medical report) later, either in response to a USCIS request for evidence (RFE) letter or at your adjustment of status interview. Just be mindful of any deadlines given by USCIS to avoid delays in processing.
What should I bring to my medical exam?
When you attend your medical exam, you should bring:
A valid government-issued photo ID (like your passport)
Vaccination records (if available), to avoid receiving duplicate immunizations
Medical insurance card (if insurance will cover any part of the exam). Insurance will not cover the medical exam itself but if lab work is needed or extra vaccinations maybe your insurance will cover the cost.
Your doctor may request additional records if you have any specific health concerns.
Can I arrange the medical exam at any clinic, or does it have to be an authorized one?
The medical exam must be conducted by a USCIS-designated civil surgeon. You can’t go to just any clinic; only authorized doctors are approved by USCIS to conduct the medical exam for immigration purposes. You can find a list of civil surgeons on the USCIS website or contact USCIS for recommendations in your area.
You can use the tool Find a Doctor to find the closest doctor's office in your area. When you call them you will say that you need the medical exam for the adjustment of status process (USCIS Form I-693 Exam). Also, you will find that prices vary from doctor to doctor so make sure to call around as the prices can vary.
What should I do about a misprint on my passport for my place of birth?
If there’s a misprint on your passport regarding your place of birth, it’s best to have it corrected with your consulate or embassy before submitting your adjustment of status application. If correction isn’t possible right away, include an explanation letter along with documentation that supports the correct information (like a birth certificate) to avoid discrepancies in your application.
Case Study: Resolving a Name Misplacement on a Passport for an Adjustment of Status Application
Scenario:
A client, Priya Singh, applied for a marriage green card Adjustment of Status after marrying a U.S. citizen. During the document review process, she realized her passport contained two significant errors:
Place of Birth Misprint: The passport listed her place of birth incorrectly as "Mumbai," while her birth certificate correctly stated "Pune."
Name Misplacement: Her full name was printed incorrectly in the "Given Name" field, displaying “Kumari Singh Priya,” while her "Surname" field was left blank.
These discrepancies created a risk of inconsistency in her marriage green card Adjustment of Status application, which could lead to delays or even a Request for Evidence (RFE) from USCIS.
Steps Taken:
Contacting the Embassy: Priya first contacted her home country’s consulate in the U.S. to inquire about correcting these errors. The consulate informed her that the process would take several months, potentially delaying her Adjustment of Status filing.
Affidavit of Explanation: Since she needed to file her marriage green card Adjustment of Status promptly, her attorney drafted an affidavit of explanation, clarifying the passport discrepancies. The affidavit included:
A statement from Priya explaining the misprint.
Her attorney’s confirmation that the issue was identified and steps were being taken to correct it.
A request that USCIS issue her Green Card in the correctly formatted name as per her birth certificate and marriage certificate.
Supporting Documents: Priya included the following documents in her marriage green card Adjustment of Status application to avoid confusion:
A copy of her passport with the incorrect details.
A certified copy of her birth certificate showing the correct place of birth.
A copy of her marriage certificate, which correctly listed her full name.
A copy of her communication with the consulate, showing her efforts to correct the passport errors.
Request for Green Card Name Formatting: In the cover letter of the marriage green card Adjustment of Status application, Priya’s attorney included a special request for USCIS to use the name format “Priya Kumari Singh” as per her legal documents, despite the discrepancy in the passport.
Despite the misprints in her passport, USCIS accepted the application without issuing an RFE, largely because of the proactive explanation and supporting evidence provided. Priya’s Green Card was issued in the correct name format, matching her legal documents. Once she received the Green Card, Priya expedited the process of correcting her passport. She then updated her travel bookings and legal documents accordingly, ensuring consistency going forward. It’s important to:
Identify Discrepancies Early: Review all documents for consistency before submitting your marriage green card Adjustment of Status application to avoid potential delays.
Provide an Explanation: If there are discrepancies, include an affidavit or a letter of explanation to clarify the issue.
Submit Supporting Evidence: Always include documentation that supports the correct information (e.g., birth certificate, marriage certificate).
Request Correct Name Format: You can request that USCIS use a specific name format on the Green Card, even if the passport contains errors, as long as you provide a reasonable explanation and supporting documents.
Correct Passport Errors Promptly: Once you receive your Green Card, correct any passport errors as soon as possible, especially if you plan to travel. Your airline tickets must always match the name format in your passport.
What is your perspective on the USCIS timelines displayed on the portal?
The timelines shown on the USCIS portal offer a general estimate (guesstimate) but aren’t always accurate due to case backlogs, workload, and varying processing times across service centers. While they provide a rough idea, they can fluctuate significantly, so it’s wise to allow some extra time beyond the displayed estimate. It’s best to view these as loose estimates rather than strict timelines. You can read a much more detailed article here: Are USCIS Portal’s Case Processing Estimates Accurate?
Should I expect a Marriage Green Card Adjustment of Status interview even if the USCIS portal states my I-130 has been approved or will the interview be waived? How will I know?
Even with an approved I-130, an interview may still be required for your marriage green card Adjustment of Status. USCIS schedules interviews based on each case’s specifics, though occasionally they waive them. You’ll know if an interview is scheduled when USCIS sends an interview notice or a status update. If waived, you’ll be notified of the approval directly. While the I-130 petition establishes the validity of the marriage, the I-485 application scrutinizes whether the foreign spouse is eligible to adjust status and become a permanent resident. Even with a strong relationship, factors like immigration history, criminal records, or health issues can complicate the I-485 process, necessitating an interview. Being prepared for this distinction and understanding the separate legal standards for each form can help applicants avoid surprises and strengthen their overall case.
While 97% of our clients’ marriage green card adjustment of status cases have had their interviews waived, we have heard that USCIS is selecting certain cases randomly for interviews as a way of performing quality control to make sure that their universal waiving of interviews is a system that is still working. I don’t panic when we receive an interview notice. I literally tell my clients that it’s an opportunity to share your love story!!
I, as the Petitioner, switched jobs recently, and my W-2 and pay stubs reflect different jobs. Will this be an issue?
Switching jobs as the Petitioner while your marriage green card Adjustment of Status case is pending does not automatically create an issue, but it does raise a few considerations, especially regarding the Affidavit of Support (Form I-864), which is critical in family-based immigration cases.
Potential Concerns with Job Change:
Income Stability: USCIS wants to see that the Petitioner (U.S. citizen spouse) can support the intending immigrant financially. If you recently changed jobs, your income level may be scrutinized to ensure it still meets the minimum income requirements (125% of the Federal Poverty Guidelines for your household size).
Consistency in Documentation: If your W-2s and pay stubs reflect different jobs, USCIS may ask for clarification. They might want to confirm that the job change does not impact your ability to fulfill the financial support obligation.
Updated Evidence: Include the most recent pay stubs and an employment verification letter from your new employer. This letter should state your job title, start date, salary, and whether your employment is full-time and permanent. If the new job took effect after you filed, then make sure you have the new information (updated evidence) ready for a potential interview.
Imagine you filed your I-130 and I-485 while working at Company A, where you earned $60,000 annually. Before the interview, you switched jobs to Company B, where you now earn $65,000 annually. Although your W-2 from last year shows income from Company A, your recent pay stubs reflect income from Company B. In this case:
Your income level has increased, so there is no financial issue.
You should provide an employment verification letter from Company B and recent pay stubs showing your current income.
At the interview, if asked, you can explain that the job change was for better pay or career growth, demonstrating stability.
A recent job change itself is not a problem, as long as you can show that your current income meets the financial requirements and provide clear, consistent documentation. By being proactive and including an explanation and updated evidence, you can address any potential concerns USCIS may have.
I’m the beneficiary in a marriage adjustment of status and my passport is currently being renewed, and I likely won't have it back by the time we submit the application. Will that be a problem?
If your passport is being renewed, you can still submit the adjustment of status application. However, make sure that you have it back (even if it’s expired/canceled) as you want to show your entry stamp when you entered the US if an interview is scheduled. Include a copy of your expired passport along with a letter explaining that the renewal is in process. Once you receive the renewed passport, you can update USCIS with the new document.
Will USCIS look poorly upon an application submitted shortly after the wedding at the marriage clerk’s office? Is this a red flag?
Not at all! USCIS does examine the legitimacy of the marriage but understands that different couples have different timelines. To help ease concerns, provide additional evidence of your relationship, like shared leases, finances, travel history, and photos together. USCIS generally focuses on the overall evidence of a bona fide marriage, so a recent wedding date isn’t automatically a red flag. I’d say that more than 50% of my marriage green card adjustment of status applicants apply for their immigration cases within a few days of their marriage.
Based on my experience, filing an Adjustment of Status application shortly after a courthouse wedding is common, particularly for H-1B visa holders facing layoffs or F-1 OPT students nearing the end of their work authorization, especially if they were not selected in the H-1B lottery. In these cases, couples may expedite their marriage plans to avoid falling out of status, but this does not indicate a fraudulent marriage. Many of these couples already live together and have a genuine relationship, with the quick marriage driven by practical immigration concerns rather than a lack of authenticity. Transparency and strong relationship evidence can help address any concerns USCIS may have about the timing. Immigration is about families and if you’ve been in a romantic relationship with someone whose visa status is about to expire and you were going to marry them anyway, there is nothing wrong with this scenario. If however, you had no intention of ever marrying and are sponsoring your significant other just to “get them a green card,” then that obviously is fraud.
My spouse and I do not live together for the time being. We have to maintain separate residences due to a visa restriction while the marriage green card case based on adjustment of status is pending. For the I-864, do I write down that my spouse I am sponsoring is my household member?
In your situation, where you and your spouse currently maintain separate residences due to visa restrictions while your marriage green card Adjustment of Status case is pending, you should not list your spouse as a household member on the I-864 Affidavit of Support. Here’s why:
Understanding Household Members for Form I-864:
The term "household member" on Form I-864 refers specifically to individuals who live with you and share your household. This includes family members who reside with you (e.g., children, parents, or other dependents).
If your spouse does not currently live with you, then they should not be included as a household member in Part 5 of the I-864. Instead, they are considered the intending immigrant whom you are sponsoring, not a household member.
How to Fill Out the I-864:
Part 5 - Information About Your Household Size:
Do not count your spouse as a household member since you are maintaining separate residences.
Count yourself (the petitioner/sponsor) and any other dependents who live with you.
In Part 5, Question 3, where you list the number of relatives living in your household, leave this as zero if no one else resides with you.
Part 3 - Information About the Immigrant You Are Sponsoring:
In this section, include your spouse’s details as the intending immigrant.
Part 7 - Use of Income from Household Members:
Since your spouse is not living with you, you cannot use their income to supplement your own unless they can demonstrate that their income is available to your household (which is unlikely if they reside separately due to visa restrictions).
Include an Explanation Letter:
To avoid confusion or potential issues, include a brief letter of explanation with your I-864 form. In the letter, state that you and your spouse currently maintain separate residences due to visa restrictions, but you are a married couple with plans to live together permanently once the visa situation is resolved. Emphasize that your separation is temporary and explain the circumstances clearly. You could alternatively, write this language in the addendum on Form I-864, which is what I personally recommend.
Example Language for the Explanation Letter:
"Dear USCIS Officer,
My spouse and I are currently residing separately due to visa restrictions that prevent us from living together while our marriage-based Adjustment of Status application is pending. Despite maintaining separate residences temporarily, we have a genuine marriage and plan to live together permanently once these restrictions are resolved. Therefore, I have not included my spouse as a household member on the I-864 Affidavit of Support. Please let me know if any additional information is needed."
Key Takeaways:
Do not list your spouse as a household member on the I-864 if you are maintaining separate residences.
Provide a clear explanation of why you are temporarily living apart.
Ensure you have sufficient income to meet the sponsorship requirements without relying on your spouse’s income.
Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! Should you or your loved one have any questions or need representation, please do not hesitate to contact us. 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. We have represented many clients with successful results even with the most difficult set of facts.