Adjustment of Status Based on Marriage to a U.S. Citizen
Adjustment of Status (AOS) based on marriage to a U.S. citizen is a process that allows certain foreign nationals who are married to U.S. citizens to apply for lawful permanent resident status (green card) while they are in the United States. Here is an overview of the general steps involved in the adjustment of status process:
1. Eligibility:
The foreign national must be eligible to adjust status based on their marriage to a U.S. citizen. Generally, eligibility requirements include having entered the U.S. lawfully, being physically present in the U.S., and being married to a U.S. citizen.
2. Marriage to a U.S. Citizen:
The marriage must be genuine and entered into in good faith. Fraudulent marriages for immigration purposes can result in serious consequences.
3. Filing the Petition:
The U.S. citizen spouse must file Form I-130 Petition for Alien Relative and I-864, with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship and the Beneficiary (foreign spouse) files Form I-485, I-130A, I-765 and I-131.
5. Affidavit of Support:
The U.S. citizen petitioner must submit an Affidavit of Support (Form I-864), demonstrating the ability to financially support the intending immigrant.
6. Submit Form I-485:
The foreign national must submit Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. This form is the actual application for adjustment of status.
7. Submit Medical Examination:
The foreign national must undergo a medical examination by an approved civil surgeon and submit the results with the adjustment of status application.
8. Biometrics Appointment:
USCIS will schedule a biometrics appointment for the intending immigrant to provide fingerprints, photographs, and a signature.
9. Interview Notice:
USCIS may schedule an interview to assess the validity of the marriage and the eligibility for adjustment of status. Both spouses typically attend the interview.
10. Decision on Adjustment of Status:
- USCIS will review the application and, if approved, grant the foreign national lawful permanent resident status. The green card is typically mailed to the individual.
11. Conditional Green Card (if applicable):
- If the couple has been married for less than two years at the time of approval, the foreign national receives a conditional green card valid for two years.
12. Removal of Conditions (if applicable):
- If the foreign national received a conditional green card, they must file Form I-751 to remove conditions 90 days before the card expires.
It's important to note that the adjustment of status process can be complex, and specific requirements may vary based on individual circumstances. Consulting with an experienced immigration attorney is highly recommended to ensure a smooth and successful application process. Additionally, immigration policies and procedures may change, so it's advisable to check the USCIS website for the most up-to-date information.
