Marriage Based Immigrant Petition and Adjustment of Status
An immigrant visa allows certain family members of a U.S. citizen to enter the United States in order to live and work here on a permanent basis. An immigrant visa application based on marriage to a U.S. citizen qualifies for immediate relative status and expedites the time in which a spouse of a U.S. citizen can enter or adjust status to that of a permanent resident. It's goal lies in reunification of family members and is one of the most efficient ways of bring a spouse to America.
How does adjustment of status work?
If your spouse is already in the United States, USCIS will allow him/her to become a legal permanent resident without having to leave the country.
The benefits of adjustment of status include:
- Not having to leave the country for an interview;
- Not having to be separated from your spouse;
- Ability to work while the petition is pending;
- Ability to travel while the petition is pending (with proper authorization).
Once the immigrant visa is approved and the adjustment application is processed; the local USCIS office will set up an interview for the married couple. This is called an adjustment of status interview.
At this interview, an immigration officer will interview the couple and determine the bona fides of their marriage. Once the immigration officer is satisfied that yours is a true marriage he/she will approve the adjustment and issue your spouse a green card. If the mariage is less than two years old at the time of the interview, your spouse will be issued a conditional green card valid for two years. Your spouse is then required to file a petition to remove the conditions of his/her green card 90 days prior to the two year expiration date. If the petition is not filed, USCIS will revoke the green card and your spouse will be deported.
General Requirements for a Joint Filing:
[include but are not limited to]- Petitioner must be a U.S. citizen;
- Petitioner must be at least 18 years of age;
- Petitioner must have a domicile in the United States;
- All prior marriages must be legally terminated;
- Beneficiary spouse must already be in the United States;
- Beneficiary spouse must fulfill certain vaccination and medical examination requirements prior to filing the adjustment of status.
- Beneficiary must have entered into the United States without the intent to marry.
Visa Process for Joint Filing:
- STEP ONE: File the I-130 Immigrant Visa Petition and I-485 Adjustment of Status
- STEP TWO: Upon approval of the immigrant visa petition and processing of the adjustment of status, attend the adjustment of status inteview.
If you would like more information about adjusting status based on a marriage to a U.S. ciitizen or discuss your matter with one of our attorneys please call us at (845) 353-3500, email us at info@visalawyergroup.com, or SCHEDULE A FREE CONSULTATION