Adjustment of Status Through Marriage


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If you require an adjustment of status through marriage, you can benefit from the services of a reputable immigration attorney. For more information, contact The Law Office of Tatiane M. Silva, P.A.

What Is Adjustment of Status Through Marriage?

The adjustment of status through marriage allows non-U.S. citizens to obtain Lawful Permanent Resident status.

In other words, it is a pathway to permanent residency in the United States. However, it requires thorough documentation and preparation to prove the marriage’s legitimacy and meet all eligibility criteria.

Engaging an experienced immigration attorney can significantly enhance the chances of a successful application by guiding applicants through the complex process and ensuring all legal requirements are met.

At The Law Office of Tatiane M. Silva, P.A., we are experienced in immigration law and can assist you with your marriage-based Green Card application for Adjustment of Status.

Understanding Adjustment of Status Through Marriage

The adjustment of status process allows certain non-U.S. citizens to obtain a Lawful Permanent Residency (a Green Card) without leaving the United States. People who have entered the U.S. on certain visas or who were paroled are normally eligible to apply for Adjustment of Status. 

In adjustment of status cases based on marriage, applicants must prove that their marriage to their U.S. citizen or Lawful Permanent Resident (LPR) spouse is bona fide, meaning it is a real marriage, not a marriage for immigration purposes.

Once the application is approved, the foreign spouse will be granted permanent residence and will receive a Green Card. Permanent residence allows them to live and work permanently in the United States. 

Lawful Permanent Residents can petition their unmarried children and certain relatives. Furthermore, they can travel outside the US. After three or five years, depending on their circumstances, individuals with the status of lawful permanent residence may be eligible to apply for citizenship.

Eligibility for Adjustment of Status Through Marriage

To be eligible, the foreign national spouse needs to:

  • Be the spouse of a U.S. citizen or Lawful Permanent Resident (LPR). Same-sex marriages are also recognized for immigration purposes.
  • Be physically present in the United States at the time of applying for adjustment of status.
  • Have most recently entered the U.S. through legal means. If you have overstayed your visa that doesn’t automatically disqualify you as long as you entered the U.S. on a valid visa or through a visa waiver program.
  • Be deemed admissible to the United States without any disqualifying factors, such as certain criminal convictions or previous immigration violations.

Under U.S. immigration laws, a foreign national married to a U.S. citizen is automatically categorized as their immediate relative. In most cases, that means they are eligible for a Green Card when the adjustment of the status process is completed.

However, to adjust status through marriage, it’s imperative to demonstrate that the marriage is genuine or a bona fide marriage. This means the marriage was entered into with the intention of establishing a life together, not merely for immigration benefits. Evidence can include joint bank accounts, lease agreements, photographs together, and affidavits from friends and family affirming the marital relationship.

Applicants will need to provide a variety of documents to USCIS to prove the legitimacy of their marriage. That includes a marriage certificate, financial statements, property ownership documents, and other evidence of a shared life. Both partners may be asked detailed questions about their relationship at the interview to further assess the marriage’s authenticity.

How Adjustment of Status Through Marriage Works

The process of adjustment of status through marriage works as follows:

  • Step 1 – File Form I-130, Petition for Alien Relative: The foreign national’s U.S. citizen or LPR spouse must file a Form I-130 petition with the U.S. United States Citizenship and Immigration Services (USCIS). Form I-130 establishes the relationship between you and your spouse and begins the process of seeking a green card through marriage. 
  • Step 2 – File Form I-485, Application to Register Permanent Residence or Adjust Status: In some circumstances, Form I-485, Application to Register Permanent Residence or Adjust Status can be filed along with Form I-130. You’ll also need to provide medical examination results and other required forms and fees to support your application for a Green Card.
  • Step 3 – Attend the Biometrics Appointment: You will receive a notice for a biometrics appointment after filing Form I-485. Fingerprints, photographs, and signatures will be taken at this appointment for the purpose of conducting a background check.
  • Step 4 – Interview: Although some cases might be approved without an interview, normally, the next step is for you and your spouse to attend your adjustment of status interview at a local USCIS office. Your interview with the USCIS immigration officer will consist of questions about your relationship, background, your wedding, and other relevant facts about your marriage. The officer will use your responses to assess your marriage’s validity and your eligibility for a Green Card..

Following your interview, USCIS will issue a decision on your application. If approved, you will receive your Green Card in the mail. If your application is denied, USCIS will notify you of the reasons for the denial.

Depending on USCIS’s workload and the complexity of the case, the Adjustment of Status process can take months. An immigration lawyer can keep you informed about any additional requirements you may need to meet.

How The Law Office of TATIANE M. SILVA, P.A. Can Help With Your Adjustment of Status Through Marriage Case

Achieving Adjustment of Status through marriage can be complex, and it is often necessary to seek legal assistance. You can rely on The Law Office of Tatiane M. Silva, P.A. to provide you with unparalleled immigration assistance.

Our immigration lawyers offer personalized guidance to ensure your application is meticulously prepared and submitted. Our experienced attorneys can also assist with court hearings and appeals if your Adjustment of Status gets denied or if you are seeking to Adjust Status in court.

Additionally, our immigration team has assisted individuals throughout the United States and abroad to achieve their American dream. It would be our pleasure to assist you with your immigration goals as well.

Get in contact with our professional immigration team to get started on your immigration journey. Please let us know how we can help. Call us now to schedule a consultation with an immigration lawyer in Miami.

Frequently Asked Questions

How Can I Check the Status of Your AOS Application?

Here are the steps on how to check the status of your AOS application using the USCIS Case Status Online tool:

  1. Go to the USCIS Case Status Online website.
  2. Enter your case number and your last name.
  3. Click on the “Check Status” button.
  4. Your case status will be on the screen.
  5. If you have any questions about your case status. You can contact the USCIS application support center at 1-800-375-5283.

However, if you hire an attorney, they can track your application and make sure USCIS requests are met on time.

What Happens If My Spouse and I Separate During the Process?

If you and your spouse separate during the process, you should contact an experienced immigration attorney to discuss your options. Your Adjustment of Status application might still be approved even if you and your spouse have separated before the approval of your Green Card.



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