background
Call Today - (510) 995-0000

Adjustment of Status through Marriage

Marriage represents many ideals – such as romanticism, partnership, and fidelity – but it can also have practical implications. If you are married to a U.S. citizen or permanent legal resident, you may be eligible to apply for permanent residency in the U.S. This alleviates the need to leave the U.S. or wait in line prior to obtaining a green card.

You are eligible to adjust your status through marriage if you are currently staying in the U.S., if you arrived here legally, and if your immigration and criminal histories are in alignment with the government’s requirements. If there are issues with your criminal or immigration record, it is possible to be granted a waiver, but the process is complex and you should seek the help of a Bay Area immigration lawyer.

The USCIS is wary of immigrants who seek adjustment of status through marriage, and so require a considerable amount of documentation. Your spouse must go through the I-130 petition process and provide a variety of evidence demonstrating that your marriage is legitimate. They must also submit an affidavit attesting that they can financially support you. You must submit an application to adjust your status, called Form I-485. You’ll also need to undergo a medical examination and file a form pertaining to the results of the exam. You’ll most likely want to also apply for an Employment Authorization Document and an Application for Advance Parole, which will allow you to work and to travel outside of the U.S.

Following the application process, you’ll need to go to an Application Support Center, where they’ll take your picture and your fingerprints. You’ll also be asked to certify that all of the information you provided in your application packet is true. Next, you and your spouse will be interviewed in an effort to determine whether or not your marriage is legitimate.

If your spouse was a U.S. citizen and is now deceased, then you may also have a path to a green card as long as you were married when they passed away.

Obtaining an adjustment of status through marriage is a gauntlet. To ensure that this complex process goes smoothly, you and your spouse need the guidance of the experienced San Francisco Bay Area immigration attorneys at Silver Law Firm. They are ready to support you as you embark on a path to fulfill your dreams and aspirations.