How Does the Adjustment of Status Process for the Spouse of a U.S. Citizen Work?
The adjustment of status process allows the spouse of a U.S. citizen to apply for lawful permanent residence (a green card) while remaining in the United States. This process can be an efficient way for families to stay together without requiring international travel. An immigration law attorney can be beneficial support during this process.
My law firm, M Mathew Law Firm, PLLC in Dallas, Texas, is here to help you through the immigration law process. Below, I’ll outline the steps involved and provide information on what to expect during the adjustment of status process for a U.S. citizen’s spouse.
Who Is Eligible for Adjustment of Status?
Before starting, it’s important to confirm eligibility. To qualify for adjustment of status as the spouse of a U.S. citizen, the applicant must:
Be physically present in the United States.
Have entered the U.S. lawfully, such as with a valid visa or through the Visa Waiver Program.
Be married to a U.S. citizen with a bona fide marriage (a genuine relationship, not solely for immigration benefits).
Certain factors, such as past immigration violations, criminal history, or prior removal orders, may impact eligibility. Consulting an immigration law attorney is advisable if there are concerns about these issues.
Key Steps in the Adjustment of Status Process
The adjustment of the status process involves several stages, each with specific requirements. Let’s break them down.
Step 1: File Form I-130 (Petition for Alien Relative)
The U.S. citizen spouse begins by filing Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the beneficiary (the spouse seeking a green card). Supporting documents include:
Marriage certificate.
Proof of the petitioner’s U.S. citizenship (birth certificate, naturalization certificate, or U.S. passport).
Evidence of a bona fide marriage, such as joint financial records, lease agreements, or photographs.
The goal is to show that the marriage is genuine and legally valid.
Step 2: File Form I-485 (Application to Register Permanent Residence or Adjust Status)
The spouse seeking adjustment of status submits Form I-485 to USCIS. Often, Form I-130 and Form I-485 are filed concurrently to save time. Required documents for Form I-485 include:
A copy of Form I-130 receipt notice (if filed separately).
Birth certificate and passport photos.
Proof of lawful entry (e.g., Form I-94 or visa).
Evidence of financial support through Form I-864 (Affidavit of Support) provided by the U.S. citizen spouse.
Step 3: Attend the Biometrics Appointment
After submitting Form I-485, USCIS schedules a biometrics appointment. During this appointment, the applicant provides fingerprints, a photograph, and a signature. This information is used for background and security checks.
Step 4: Complete the Medical Examination
Applicants must undergo a medical examination by a USCIS-designated civil surgeon. The doctor will complete Form I-693, which is then submitted to USCIS. This step confirms that the applicant meets the health-related requirements for U.S. residency.
Step 5: Attend the Adjustment of Status Interview
USCIS typically requires both spouses to attend an interview. During the interview, an officer will ask questions about the marriage, the couple’s life together, and the applicant’s background. Being prepared and providing truthful answers is essential.
Step 6: Await USCIS’s Decision
After the interview, USCIS will review all submitted documents and interview notes. If approved, the applicant receives a green card. If additional evidence is needed, USCIS may issue a Request for Evidence (RFE).
What Documents Should You Prepare?
Preparing thorough documentation can help avoid delays. Here are some commonly required items:
Personal identification: Passports, birth certificates, and previous immigration documents.
Proof of relationship: Photos, correspondence, joint bills, and affidavits from friends or family.
Evidence of lawful entry: Visa stamps or I-94 records.
Financial documents: Tax returns, pay stubs, and bank statements demonstrating the U.S. citizen’s ability to support the applicant.
Organizing these documents before filing can streamline the process.
How Long Does the Process Take?
Processing times for adjustment of status can vary widely based on factors like USCIS workload and the intricacy of the case. On average, it can take 12-18 months from the initial filing to receiving a green card. Submitting complete and accurate forms can help avoid unnecessary delays.
Delays can also occur if USCIS requests additional evidence. These requests often result from missing documents or inconsistencies in the application. Responding promptly and thoroughly to any RFEs is essential to keep the process moving forward.
Addressing Potential Challenges
Some cases may face additional scrutiny or obstacles. Common issues include:
Insufficient evidence: Missing or incomplete documentation can lead to RFEs or denials.
Inadmissibility issues: Grounds for inadmissibility, such as unlawful presence or certain criminal convictions, may require filing a waiver.
Interview questions: Applicants should be ready to discuss details of their relationship and background. Consistent and truthful answers are critical.
Being proactive about addressing these challenges can make the process smoother. For example, couples can prepare for the interview by reviewing their application materials and discussing potential questions.
Another common issue involves discrepancies in documentation. For instance, mismatched dates or incomplete forms can lead to delays or even denials. Taking time to carefully review all submissions before filing can help avoid these problems.
Special Considerations for Conditional Green Cards
If the marriage is less than two years old when the green card is approved, the applicant will receive a conditional green card valid for two years. This conditional status requires the couple to file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the card’s expiration.
To remove the conditions, the couple must provide additional evidence that the marriage is bona fide. This may include:
Updated joint financial records.
Birth certificates of children born during the marriage.
Statements from friends or family confirming the relationship’s authenticity.
Failure to file Form I-751 on time can result in the loss of permanent resident status. It’s crucial to track deadlines and prepare the necessary documentation well in advance.
What Happens After Approval?
Once the adjustment of status application is approved, the applicant receives their green card. If the marriage is less than two years old at the time of approval, a conditional green card valid for two years is issued. To remove the conditions, the couple must file Form I-751 within the 90-day period before the card expires.
If the marriage is more than two years old, the applicant receives a 10-year green card. Renewal or replacement is required before expiration.
Green card holders can apply for U.S. citizenship through naturalization after meeting residency requirements. For spouses of U.S. citizens, this typically means waiting three years from the date permanent resident status was granted, provided they meet all eligibility criteria.
Preparing for Long-Term Immigration Goals
Adjustment of status is often just one step in a couple’s long-term immigration journey. After receiving a green card, many couples focus on preparing for naturalization. This involves:
Maintaining permanent resident status: Green card holders must reside in the U.S. for the majority of their permanent residency period. Extended absences may disrupt eligibility for naturalization.
Meeting good moral character requirements: Applicants must demonstrate good moral character, which includes abiding by U.S. laws and filing taxes accurately.
Studying for the citizenship test: The naturalization process includes an English and civics test. Many resources are available to help applicants prepare.
Planning for these steps early can help avoid surprises down the road. Next, we’ll discuss how I can help as your immigration law attorney.
Contact M Mathew Law Firm, PLLC Today
The adjustment of status process for the spouse of a U.S. citizen involves multiple steps, from filing the initial petition to attending interviews and preparing for potential challenges. As an experienced immigration law attorney, I serve Dallas, Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, and Mesquite, Texas.
If you’ve questions about immigration law or need tailored guidance, M Mathew Law Firm, PLLC is here to assist you.