Embarking on the journey to secure permanent residency in the United States through a marriage-based adjustment of status application is an exciting and important step in your life. However, the U.S. Citizenship and Immigration Services (USCIS) scrutinizes these applications to ensure that marriages are genuine and not merely for immigration benefits. To prove the authenticity of your marriage, you'll need to submit a comprehensive set of documents. In this guide, we will explore the ten key documents that can make your case stronger when applying for a marriage-based adjustment of status, especially if you entered the U.S. on a B2 visitor visa or an ESTA.

Deciding when to marry your U.S. citizen fiancé and when to apply for adjustment of status for a green card is a significant step in your immigration journey. Timing is crucial, as the choices you make can greatly affect the success and ease of your application process. In this comprehensive guide, we will explore the factors to consider when determining the best time to marry and apply for a green card as a B2 visa holder or ESTA entrant when you are in a legitimate romantic relationship with a US Citizen.

When a Green Card holder becomes a naturalized U.S. citizen, they gain the privilege of sponsoring certain family members for immigration benefits. However, it may come as a surprise that even though a child of the U.S. citizen petitioner was included in an earlier petition as a Green Card holder, a separate immigrant visa petition must be filed for each child. In this article, we will explore the reasons why a child is not automatically included as a derivative in their parent's immediate relative petition (IR petition) after the petitioner naturalizes. By understanding the underlying principles and legal requirements, you will gain clarity on the process and why individual petitions are necessary.

The CR1 visa is designed for spouses of U.S. citizens who have been married for less than two years at the time of entering the United States. It grants conditional permanent residence status for a period of two years. The IR1 visa is for spouses of U.S. citizens who have been married for two years or more at the time of entering the United States. It grants immediate permanent residence status, eliminating the need for conditional residence. Holders of IR1 visas receive a Green Card that is valid for ten years.

You have finally obtained your green card after months, if not years, of waiting. While you may be ecstatic with your new status as a permanent resident, you may be wondering what's next. Here are some useful hints, such as how to keep your green card status and how to prepare for your naturalization application in the future.

Congratulations on getting married! It is great to be in love and to have your partner support your immigration journey by sponsoring you for an adjustment of status. As an F-1 visa holder who just married a U.S. citizen, you may be eligible to apply for Adjustment of Status to obtain lawful permanent resident status, also known as a green card.

We are always being approached by clients who are in F-1 student status with valid OPT, and who are frustrated by the fact that they haven't been picked up in the H-1B lottery yet. These clients have been in a romantic relationship here in the US for a long time and ask if they would be eligible for a Green Card if they got married to their US Citizen or Permanent Resident spouse.

Because the purpose of a fiancé visa is solely for the beneficiary to enter the United States to marry the US citizen petitioner, the fiancé visa is subject to certain restrictions. Only marriage to the US citizen petitioner who filed the fiancé petition allows the fiancé beneficiary to adjust status to permanent resident. The fiancé beneficiary cannot change status to another type of nonimmigrant visa (such as an H-1B employment based visa or an F-1 student visa etc.).

Since it often takes approximately two years for the I-751 to be adjudicated, many people ask if they can apply for Naturalization upon the three year anniversary of their Green Card if they are still married to their US Citizen spouse. Well, it’s really quite simple. Since a Permanent Resident (Conditional Resident is a Permanent Resident with all the rights of a Permanent Resident) is permitted to apply for Naturalization upon the three year anniversary of their Green Card (90 days before) then even a Conditional Resident is eligible to apply for Naturalization even thought their I-751 is pending. What happens is that at the Naturalization interview, if the I-751 is still pending, the Immigration Officer will adjudicate the I-751 right there before they proceed with the Naturalization interview.

Numerous H-1B visa holders request an adjustment of status through their employers, but they must wait a long time before getting their Green Cards. This is one of the main reasons that even if you have an employment based Green Card pending, many H-1B holders with US Citizen or Permanent Resident spouses opt to have their spouses sponsor them right after they get married.

USCIS has been experiencing unprecedented delays this year in 2018 due to new immigration policies and procedures that have changed the way we now advise our client. These changes directly impact when a marriage case should be filed, how travels have to be carefully planned, and when an arriving immigrant can begin working and also maintain their employment status after filing for Adjustment of Status.

I recently had a couple of consultations where a US citizen was attempting to sponsor a second spouse for a Green Card. I would attribute this to the high level of divorces that occurred during the pandemic period. But let’s take a look at what it means when the US Citizen spouse divorces spouse number one and secured a Green Card for them but the marriage eventually ended in divorce. Now, the US citizen has since remarried and has a second spouse who they are thinking about sponsoring for a Green Card. I decided to create this article to discuss this issue and to provide my opinions on what might occur or what special considerations you might need to make in this circumstance. Now, I've seen this play out in various ways numerous times.

If you become a resident based on a recent marriage (less than two years) you become a “conditional” permanent resident (conditional Green Card holder). Normally, you would file a petition with your husband or wife on the two year anniversary of your permanent resident status (90 days before the two years to be exact) in order to obtain a permanent ten year Green Card. If the marriage ends before your petition is filed, or your spouse refuses to cooperate with your petition – you may still be eligible to become a permanent resident and remove conditions on your Green Card successfully.

While your family-based green card application (Form I-485) is being processed, and if you presently reside in the United States and want to work for a U.S. company, you must get a work permit first. If you reside overseas, you cannot apply for a work permit.

When applying for a stay or residence abroad, such as in the United States, you are required to submit a copy of your Birth Certificate or an equivalent document. Every member of your family that is looking to apply for residence via a Green Card (on the basis of marriage or having family ties, for example) must present their own Birth Certificate.

All foreign documents must meet the USCIS translation requirements whether you have an adjustment of status Green Card case or a consular processing case. Failure to comply with the stipulated guidelines can be counterproductive to the outcome of your citizenship/immigration application process, either by having documents needlessly rejected or delayed.

At Khunkhun Law, family based immigration is our bread and butter. We have accompanied clients to adjustment of status interviews hundreds of times and have a great deal of experience with respect to what you can expect when it comes to your interview. Marriage based adjustment of status cases especially, require very special interview preparation because the case depends on documentation almost as much as the clients’ testimony.

Whether you are married to a U.S. citizen or a Green Card holder, the way these cases are managed can differ significantly. Also, the timelines for the latter can be longer which means that the H-1B spouse will have to make sure that they take care of their status while the Green Card case is pending.

The United States Citizenship and Immigration Services (USCIS) grants conditional permanent residence first. Then, it begins an inquiry into the legitimacy of the marriage. Accordingly, as part of the joint petition, documentary evidence showing that the marriage was bona-fide needs to be submitted. The timeline for filing this Joint Petition with the USCIS service center is 90 days before the expiry of two years from the date of the initial grant of conditional permanent residence.

The act of filing an I-130 reveals to USCIS, that the beneficiary has an intent to immigrate to the United States. Therefore, when an I-130 beneficiary applies for a non-immigrant visa, things can get pretty complicated