How to Adjust Status After Marriage

Getting married is a big deal, and if you’ve tied the knot with a U.S. citizen or permanent resident, it could be your path to permanent residency in the United States. Adjusting your status after marriage is a crucial process that many immigrants go through, but it can seem complicated if you’re not sure where to start.

The good news is that adjusting your status allows you to become a permanent resident without leaving the country. But there are important steps to follow and requirements to meet. In this post, we’ll break down the process of adjusting your status after marriage.

Are You Eligible to Adjust Your Status After Marriage?

Before discussing the application process, let’s examine whether you meet the basic requirements for adjusting your status after marriage.

To be eligible, you must:

• Be married to a US citizen or lawful permanent resident.
• Have entered the United States legally, with a valid visa or other form of entry (or meet one of the exceptions).
• Be physically present in the United States when filing your application.
• Have a valid, bona fide marriage (not entered into solely for immigration purposes).

If you meet these criteria, you’re well on your way to beginning the adjustment of status process.

Filing Your Application

To start the process, you’ll need to file Form I-485, the Application to Register Permanent Residence or Adjust Status.

This form is the heart of your adjustment of status application, and several supporting documents must accompany it, including:

• Form I-130, Petition for Alien Relative (filed by your US citizen or permanent resident spouse).
• Proof of your legal entry into the United States (such as a copy of your I-94 or passport stamp).
• Evidence of your valid marriage (e.g., marriage certificate, joint financial documents, photos of you and your spouse).
• Birth certificate and passport.
• Medical examination results (Form I-693).
• Affidavit of Support (Form I-864) from your spouse
• Application for Employment Authorization (Form I-765) and Advance Parole (Form I-131), if desired

Be sure to include the appropriate adjustment of the status fee when submitting your application. As of 2024, the filing fee for Form I-485 is $1,440, which includes biometrics costs.

Preparing for Your Adjustment of Status Interview

After the United States Citizenship and Immigration Services (USCIS) office receives your application, it will schedule an adjustment of status interview.

This meeting is a crucial step in the process, as it allows an immigration officer to verify the authenticity of your marriage and assess your eligibility for permanent residence.

To prepare for your interview:

• Review your application and supporting documents thoroughly.
• Bring original copies of all submitted applications and forms.
• Prepare to answer questions about your relationship, such as how you met, shared experiences, and plans for the future.
• Consider practicing with your spouse beforehand to ensure consistency in your answers.

Remember, the interview is your opportunity to showcase the genuineness of your marriage, so be honest, open, and confident in your responses.

Processing Times and What to Expect

The adjustment of status processing time can vary depending on several factors, including the complexity of your case, the workload of your local USCIS office, and the thoroughness of your application.

On average, the process can take anywhere from 6 to 24 months from the filing date.

What should you do while your application is pending?

• Maintain your legal status in the United States (more on this later).
• Respond promptly to any Requests for Evidence (RFEs) from USCIS.
• Keep your contact information up to date with USCIS.
• Be patient, as the process can be lengthy.

If the government approves your application, you’ll receive your green card in the mail, granting you lawful permanent resident status in the United States.

Overcoming Common Challenges

While the adjustment of status process is straightforward for some, others may face challenges along the way.

Some common issues include:

• Insufficient evidence of a bona fide marriage.
• Complications related to previous marriages or divorces.
• Inadmissibility due to criminal history or immigration violations.
• Difficulty obtaining required documents from your home country.

If you encounter any of these hurdles, you should seek the guidance of an experienced California immigration attorney.

Your legal counsel can help you address the challenges of immigration law, provide solutions tailored to your situation, and increase your chances of a successful outcome.

Benefits of Working with an Immigration Attorney

Adjusting your status after marriage can be overwhelming, especially if you’re unfamiliar with US immigration law.

By working with a skilled immigration attorney, you can:

• Ensure your application is complete, accurate, and properly filed.
• Receive guidance on presenting necessary supporting documentation.
• Prepare effectively for your adjustment of status interview.
• Address any potential red flags or complications in your case.
• Have an advocate to communicate with USCIS on your behalf.

When choosing an attorney, look for someone with extensive experience in family-based immigration, a record of successful case outcomes, and a commitment to personalized client service.

Maintaining Legal Status During the Process

As you await the outcome of your adjustment of status application, you must maintain lawful status in the United States if your spouse is a lawful permanent resident

If you entered the country on a nonimmigrant visa (such as an F-1 student visa or H-1B work visa), you must continue to comply with the terms of that visa until USCIS approves your green card.

Failing to maintain legal status can jeopardize your adjustment of status eligibility and lead to potential deportation. So be sure to work closely with your California immigration attorney to ensure compliance with US law.

Life After Adjustment of Status

Once you receive your green card, you’ll enjoy the many benefits of being a lawful permanent resident in the United States, including:

• Right to live and work permanently in the US.
• Ability to travel in and out of the country with fewer restrictions.
• Eligibility for certain government benefits and assistance programs.
• Opportunity to apply for US citizenship after meeting residency and other requirements.

As a green card holder, you’ll also have civil responsibilities such as filing tax returns, informing USCIS of any address changes, and maintaining continuous residence in the United States.

Special Considerations for K-1 Fiancé(e) Visa Holders

For couples who entered the United States on a K-1 fiance visa, the adjustment of status process differs slightly.

To be eligible, you must:

• Marry your US citizen fiancé(e) within 90 days of entering the US on your K-1 visa.
• File your adjustment of status application within this 90-day window.
• Include a copy of your I-94 (arrival/departure record) and K-1 visa in your application.

Failure to marry within 90 days or file your application on time can result in falling out of status and potential removal from the United States.

If you’re adjusting your status based on a K-1 visa, work closely with your attorney to ensure you meet all requirements and deadlines.

Get Legal Help from Qualified Family Immigration Lawyers

Adjusting your status after marriage is a significant milestone in your life as a US immigrant.

By understanding the process, presenting the necessary documents, and working with an immigration attorney, you can walk the path to permanent residence with confidence and success.

The Law Office of Lina Baroudi helps California couples like you achieve their immigration goals and build a future together in the United States.

Our experienced attorneys support you throughout the adjustment of status process, from filing your application to preparing for your interview and beyond.

If you’re ready to take the next step in your journey, schedule a consultation with our team to discuss your options and learn more about how we can assist you.