Adjustment of Status Through Marriage

Marriage and Immigration Status Adjustment

Many channels can be used to immigrate to the U.S. and obtain permanent residence. One such channel is known as adjustment of status through marriage.

Adjustment of status through marriage may allow a foreign national married to a U.S. citizen or even a lawful permanent resident who is legally residing in the US to qualify for lawful permanent resident status (IR6 Green Card holder status) due to the marital relationship.

This article examines what adjustment of status through marriage is, who can qualify, how soon after marriage you should apply, the process, and how much it costs. It also looks at the alternative option for a foreign spouse to apply for a green card through consular processing.

Who Qualifies for Adjustment of Status Through Marriage?

Foreign spouses of legal permanent residents fall under family-based family preference categories, whereas the foreign spouses of US citizens are classified as “immediate relatives.”

Spouses of US citizens and permanent residents can generally apply for a green card through the adjustment of status process based on their marital status. However, it is more complex, and there are a number of criteria that need to be met.

Historically, marriages have been used to deceive immigration authorities into granting green cards to individuals who entered fake marriages solely to obtain immigration benefits. This remains a concern for the USCIS. So anyone applying for adjustment of status is carefully scrutinized throughout the process. Even if you used a visa to come to the US with the intention of applying for a marriage-based green card after getting here, this would be regarded as visa fraud.

In the case where the documents or answers to questions asked in the visa interview indicate that the marriage may be fake, the USCIS officer may schedule a Stokes interview. The onus at such an interview is on the married couple to prove that they have a bona fide marriage and that the marriage was not entered into for the purpose of obtaining a green card. Evidence such as joint bank accounts, credit card statements, and even photographs can be used to prove your marriage is genuine.

Eligibility criteria for adjustment of status require that the foreign spouse must:

• Be physically present in the US – even if their current visa has expired, physical presence in the US is required.

• Have last entered the US legally on a valid visa or through a visa waiver program – this disqualifies people who entered illegally from using the adjustment of status channel.

• Be admissible to the US – for example, certain crimes may automatically disqualify a potential applicant, and anyone who is determined to be a threat to national security will be deemed inadmissible.

• Be in a lawful marriage to a US citizen or lawful permanent resident. The spouse may not be simultaneously married to someone else. The provision of a marriage certificate is crucial.

How Much Does It Cost to Adjust Status Through Marriage?

There are certain prescribed fees for the process. To file an I-130 petition costs $535. Filing your I-485 will cost another $1140, plus there is a biometrics fee of $85.

Can the Foreign Spouse Leave the U.S. During the Application?

When a foreign spouse leaves the United States while their adjustment of status application is pending, USCIS may deny it on the grounds that they have abandoned the application.

A foreign spouse can, however, apply for advance parole in order to be granted permission to temporarily leave for urgent reasons. Advance parole is generally granted for humanitarian reasons, such as visiting a sick relative, attending a funeral, or participating in a business conference.