Applying for adjustment of status based on marriage to a United States citizen is a very significant process that must begin as soon as possible following a marriage that has taken place in the United States. While a majority of applications for adjustment of status based on marriage will be approved and the non-citizen spouses will obtain green cards, it is still very important that the process is taken seriously and all requirements are met. The information below provides you with a general overview of the adjustment of status process. In order to fully understand what is required, and what to expect while your application is pending, you should speak with an immigration attorney as soon as possible.
What Forms Do I Need to Complete?
Both the United States citizen spouse and the non-citizen spouse should expect to complete a substantial amount of paperwork. To ensure that you are filling out the forms correctly, you should consider allowing an experienced immigration attorney to complete the forms on your behalf. It is better to complete the forms accurately the first time than to deal with the denial of your application and what you need to do to correct any errors.
The following are some of the forms that are required when seeking adjustment of status based on marriage:
- Form I-130 – Petition for Immediate Relative – this form is completed and submitted by the United States citizen spouse to prove that he or she has legitimately married a non-citizen
- Form I-485 – Adjustment of Status – this form is completed and submitted by the non-citizen spouse, and the form will ask detailed information about the non-citizen’s past (such as criminal history, method of entry into the United States, and any other potential reasons why the non-citizen spouse would be deemed inadmissible to the United States)
- Form I-693 – Medical Examination Results – this form is submitted by the non-citizen spouse after a United States Citizenship and Immigration Services (USCIS) designated civil surgeon (physician) conducts the medical examination and places the results in a sealed envelope
- Form I-864 – Affidavit of Support – this form is completed and submitted by the United States citizen spouse, and the purpose of the form is to demonstrate that the United States citizen spouse will be able to provide financial support for his or her non-citizen spouse
- Form I-765 – Application for Employment Authorization – this form is submitted along with Form I-485 (adjustment of status), and it authorizes the non-citizen to work while the application for adjustment of status is pending, and the non-citizen spouse will receive an “Employment Authorization Document” (EAD) along with a social security number that is used for work-purposes only until the adjustment of status application is granted
- Form I-131 – Application for Advance Parole – this form may be completed along with Form I-485 (adjustment of status), and allows the non-citizen spouse to travel outside of the United States while the adjustment of status application is pending (this form is only completed by non-citizen spouses who have an important reason to leave the United States temporarily)
After the required immigration forms are completed, you should expect to be present for an interview conducted by a USCIS officer. At the interview, you should bring documentation that proves that your marriage is legitimate. Such documents include photographs of the married couple with family members and friends, affidavits from family members and friends attesting to the legitimacy of the marriage, joint financial documents, and proof that the married couple lives together. You may also consider having an immigration attorney present to make the interview process seem less stressful and to ensure the USCIS officer is complying with all USCIS rules and procedures.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
Any married couple can find the required adjustment of status forms online and can submit an application for adjustment of status on their own. However, given the amount of paperwork that is required, and given how confusing the process can be, you should consider speaking with a seasoned immigration attorney who can take on the bulk of the work for you. Taking a chance without the assistance of legal counsel could lead to the denial of your application for the smallest of mistakes. The experienced immigration attorneys of Geygan & Geygan, Ltd. devote their practice to helping individuals reach their goal of living in the United States as a lawful permanent resident with the ability to obtain citizenship in the future. To speak with one of our immigration attorneys, contact Geygan & Geygan, Ltd. today to schedule a free consultation by calling (513) 791-1673 or for our free report click here.