Adjusting of Status Through Marriage

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A foreign national who marries a United States citizen or lawful permanent resident and is presently in the United States on a non-immigrant visa such as a K-1 fiance visa or B-2 visitor visa may be eligible to obtain an immigrant visa through their marriage, thereby becoming a permanent residence (“green card”). This is known as adjustment of status through marriage.

What is real marriage love?

Immigration laws are complex and adjusting to permanent residency through adjusting of status through marriage is no exception. The laws require a high level of diligence and attention to detail. A simple mistake could derail the entire process. It is important to understand the basic concepts of how this process works and what to expect.

For instance, if a legal permanent resident father petitions his 19-year-old alien daughter for her to become an immediate relative and she gets married while the case is pending, the child will no longer qualify for adjustment of status because the legal relationship with the father was terminated. It is very important to get an experienced lawyer to handle these types of cases.

In a marriage-based adjustment of status, both spouses must file several forms together, including the Form I-485 Application to Adjust Status. It is a good idea to use checklists for each form to ensure that you include all the necessary documentation required by USCIS. The final step is the interview of both parties at a USCIS Field Office. This is a very significant step and the spouses should be well-prepared with supporting documents showing that their marriage is genuine, such as joint bank statements, tax returns, apartment or home leases signed by both parties, evidence of shared health and car insurance, wedding photos, etc.