Adjustment of status marriage

What is the adjustment of status? When to apply for adjust status? How do you get a marriage based green card? One of the quickest and most common ways for a foreign national, who is currently in the U. As with much of Immigration Law, marriage-based adjustment of status can be quite complicated. If a foreign national marries a U. Adjustment of Status Through Marriage to a U. The biggest advantage of being classified as an immediate relative for U. See full list on alllaw.

Good news if you overstayed a U. While people in similar shoes are not all eligible to adjust status (and must instead apply for their visa through consular processing, in their home country), your marriage to a U. In order to adjust status , you must fill out USCIS Form I-48 along with supporting forms and documents. Citizenship and Immigration Services, or USCIS. This form is issued by U. In your case, that means proving that you are marrie and that your spouse wishes to petition for you.

After your application is processed by USCIS and the immigrating spouse has attended a fingerprinting appointment, you will both have to attend an AOS interview. You can, if you wish, hire an attorney to represent you during this interview. USCIS will send instructions on what to bring to the adjustment interview. Be sure to bring a well-chosen selection of documents (copies and originals) proving that your marriage is the real thing and that you are sharing a life together. To get a marriage based adjustment of status, you’ll need to meet some basic requirements.

RapidVisa can help if you came in on one of these visa types. An adjustment of status is sought by individuals who are physically in the U. S and want to apply for legal permanent residence. Once your fiancé enters the United States and marries you within the 90-day window, a K-adjustment of status is necessary to obtain a green card. Form I-130) telling USCIS that he or she wants to help the person immigrate.

After USCIS approves this petition, the immigrant submits an application for permanent residence (a green card). You cannot qualify for adjustment of status as the derivative beneficiary based on the immediate relative’s application. If you are seeking to adjust status under the provisions of section 245(i) of the Immigration and Nationality Act, refer to Supplement A for additional instructions. Filing I-4Supplement J If you are filing Form I-4together with a Form I-1that names you as the principal beneficiary, you do not need to file Supplement J. For an adjustment of status through marriage, you’ll typically pay $5to file your I-1petition.

If you’re filing a different petition, check the filing instructions to make sure you pay the correct fee. Once your petition is approve you’ll pay a separate fee to file your I-4green card application. Put another way, no one has a right to adjust status. Because this benefit is discretionary, you have no right to appeal a denial. Step 1: Submit your application: Submit your Form I-48 along with relevant documentary evidence, photos, and the I-485.

Step 2: Attend a biometric appointment: Receive your appointment notification for biometric testing at your local USCIS. Step 3: Attend a USCIS interview: A few months after. If you are handling the process yourself it can be very stressful to ensure that you are including all of the required items. As long as the marriage was not a sham and had not been terminate adjustment can still be granted if the parties have separated and no longer have a viable marriage.

Navigating from F-student status to a spousal visa If you’re an F-student who recently married a U. Although the adjustment of status process typically takes longer than consular processing, it has its advantages. The motion will be granted and the record will be remanded to the Immigration Judge for further proceedings. Cite as IN Dec.