Marriage-Based Adjustment of Status

What Is Adjustment of Status?

Adjustment of Status (AOS) is the process by which a foreign national who is already in the United States applies to become a lawful permanent resident (Green Card holder) without having to leave the country. AOS is a key part of the marriage-based Green Card process when the applicant is already inside the U.S.

For individuals outside the U.S., consular processing is used to apply for the Green Card at a U.S. embassy or consulate abroad. However, for those already in the U.S. with legal status, AOS is the preferred method.

What Are the Requirements for Adjustment of Status?

To qualify for AOS based on marriage to a U.S. citizen or Green Card holder, the following requirements must be met:

1. Eligibility of the Sponsor: The spouse who is a U.S. citizen or Green Card holder must be able to prove that they can financially support their foreign spouse, meeting the minimum income requirements set by the U.S. government.

2. Legal Entry into the U.S.: The foreign spouse must have entered the U.S. legally (with a valid visa). This requirement may be waived for those applying under certain circumstances, such as refugees or those granted asylum.

3. Marital Relationship: The marriage must be legally valid and not entered into for the purpose of obtaining immigration benefits. U.S. immigration authorities may require evidence of a bona fide marriage, such as joint bank accounts, lease agreements, photos together, etc.

4. Health and Criminal Background: The applicant must undergo a medical examination to ensure they are not inadmissible due to health-related issues, and they must not have a criminal background that could prevent them from adjusting status.

Marriage-Based Adjustment of Status Process (Steps for Adjustment of Status)

Here are the general steps for applying for a marriage-based Green Card through Adjustment of Status:

1. File the I-130 Petition: The U.S. citizen or Green Card holder spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form proves the legitimacy of the marriage.

2. File the I-485 Application for Adjustment of Status: Along with the I-130 petition, the foreign spouse files Form I-485, Application to Register Permanent Residence or Adjust Status. This form is where the foreign spouse formally requests a Green Card while staying in the U.S.

3. Biometrics Appointment: The applicant will attend a biometrics appointment where their fingerprints and photo are taken for background checks.

4. Attend the Marriage Interview: The couple may be asked to attend an in-person interview at a USCIS office. During the interview, a USCIS officer will ask questions to verify the authenticity of the marriage.

5. Approval and Green Card Issuance: If USCIS approves the application, the applicant will receive a Green Card. For applicants who have been married for less than two years, they will receive a conditional Green Card, which is valid for two years. After that, they must file to remove the conditions and obtain a permanent Green Card.

Marriage-Based Adjustment of Status Processing Time

The processing time for AOS applications can vary, but on average, it takes around 10-13 months from the time the I-130 and I-485 forms are filed until the Green Card is issued. Processing times can be influenced by several factors, including:

• The volume of applications received by USCIS.
• The applicant’s particular case (e.g., whether the couple must provide additional evidence or attend an interview).
• The service center handling the application.

Applicants can check the USCIS processing times for their specific case type through the USCIS website.

What is the 90-Day Rule for Marriage Adjustment of Status?

The 90-day rule refers to the timeframe in which the U.S. citizen spouse must petition for the foreign spouse’s Green Card after getting married. According to U.S. immigration law, if a U.S. citizen’s foreign spouse is living in the U.S. and has entered on a visa or under the Visa Waiver Program, the foreign spouse must apply for Adjustment of Status within 90 days of their marriage. If the spouse does not file for AOS within 90 days, it may raise red flags and affect the legitimacy of the marriage, potentially complicating the Green Card application.

How Much Does Adjustment of Status Cost?

The fees for Adjustment of Status vary depending on the age and circumstances of the applicant, but on average:

• Form I-130 (Petition for Alien Relative): $535
• Form I-485 (Adjustment of Status Application): $1,225 (This includes the application fee and biometric fee for applicants aged 14-78.)
• Form I-864 (Affidavit of Support): There is no additional fee, but the U.S. citizen or Green Card holder sponsor must submit the form to prove they can financially support their spouse.

Additional costs may arise if you need to submit other forms, like Form I-693 (medical exam), or if your case is delayed or needs additional documentation.

How to Check the Status of Your AOS Application

Applicants can check the status of their Adjustment of Status application through the USCIS website. After submitting the application, they will receive a receipt notice with a unique case number. Using this case number, applicants can track the progress of their case online.

What Happens Next After a Change of Status?

Once an applicant’s status has been adjusted and they have received their Green Card, there are a few additional things to keep in mind:

• Conditional Green Card Holders: If the applicant is married to a U.S. citizen or Green Card holder for less than two years at the time of Green Card approval, they will receive a conditional Green Card, valid for two years. To remove the conditions, they will need to file Form I-751, Petition to Remove Conditions on Residence.

• Permanent Green Card: After two years of conditional residency, applicants can apply for permanent status, and the Green Card will be valid for 10 years.

How an Adjustment of Status Attorney Can Simplify Your Green Card Application

Navigating the Adjustment of Status process can be complex, especially for those unfamiliar with U.S. immigration laws. An immigration lawyer can help by:

1. Ensuring Proper Documentation: An attorney will make sure that all forms are properly completed, and all necessary documents are submitted. Missing paperwork can delay your case significantly.

2. Streamlining the Process: An immigration lawyer will guide you through the entire AOS process, ensuring that each step is completed correctly and on time.

3. Preparing for the Interview: An attorney can help prepare you for the marriage-based interview by reviewing potential questions and helping you present your case in the best light.

4. Handling Complications: If any issues arise, such as a criminal background or past immigration violations, an immigration lawyer can assist in resolving them and protecting your application.