When we talk about getting legal permanent residence in the United States, it is crucial to be aware of all the options and procedures you have at your disposal. Among them is the ‘Adjustment of Status’.

In order to benefit from an adjustment of status, the best thing you can do is to contact a competent immigration attorney that can guide you throughout the procedure and will help you to do it in a speedy way, if you wish to start right away. 

Of course, at Xavier Law Firm, we would be delighted to give you up-to-date information that you will need about immigration in the United States. For instance, we want to tell you about adjustment of status by marriage, but a similar procedure is in place for different cases of adjustment of status.

If you are about to get married to an American citizen, or your spouse has just obtained legal permanent residence in the country, the information we are about to consider will be of great help if you are expecting to benefit from an adjustment of status.

What is ‘Adjustment of Status’?

The immigration ‘Adjustment of Status’ is a procedure that can be used by a person who is currently in the United States to change his or her status from non-immigrant to immigrant.

A person can request this change of status for different reasons, as long as his or her current legal status in the United States is legal.

This means that if a person is not currently a legal resident or visitor, he or she cannot benefit from this process. If this is your case, one of the things you can do (provided this is a viable option for you) is to leave the country, get a visa in your country of origin, and return to the United States to request the corresponding change of status.

Some of the most important adjustment of status cases are:

• Family relationships (for spouses, children, and parents of American citizens).
• Work relationships.
• Asylum.
• If you have lived in the United States uninterruptedly for 40 years. 
• Judicial decisions.
• Special cases related to minor immigrants.
• Cooperation with the United States Armed Forces. 

Every single one of these cases requires applicants to meet very specific requirements, otherwise, their adjustment of status will not be approved. 

Keep in mind that if you want to know more about your case in particular (on what basis you can request an adjustment of status, what the requirements are, and so on) do not hesitate to reach out to us. At Xavier Law Firm, our legal team is ready and eager to help you handle your immigration case.

How does ‘Adjustment of Status’ work in the case of marriage?

Adjustment of status in the case of marriage works in the same way as in any other case of adjustment of status.

In this case, the basis for the application is marriage to an American citizen, and be currently living in the United States at the time when the adjustment of status application is made. 

The adjustment of status application can be made in one of 2 ways:

First, the future applicant should be in the United States legally (with a visa) before the wedding. In this way, the applicant can use the given time to formalize the relationship under the law.

Once the couple is legally married, the applicant can immediately make the adjustment of status application.

The second way you can apply is when the fiance does not have a visa to come and stay in the United States.

In this case, the person would need to apply for a K-1 Visa at the American embassy in his or her country of origin. This visa is granted to people who are engaged to American citizens, so they can enter the country in order to get married.

It is important to keep in mind that the wedding must take place within 90 days after the K-1 Visa holder has entered into the country.

Likewise, once the wedding has taken place, the applicant can request the adjustment of status right away.

Every person has the right to apply, as long as they meet the requirements.

Who can apply for adjustment of status by marriage?

Any person can apply for adjustment of status by marriage, all people who are not currently legal permanent residents in the United States.

The only additional requirement is that a person must be in the United States legally at the time of applying for the adjustment of status.

If the applicant does not meet these 2 requirements, the application will be denied.

What is the I-485 Form?

The I-485 Form is the application form used to request adjustment of status. This form should be filled in by all the relevant parts.

This document must be presented by the applicant, and it can take about 2-3 weeks for USCIS to answer.

Depending on the basis for the adjustment of status, the I-485 Form should be sent along with other documents that are evidence and proof of adjustment of status. 

In the particular case of adjustment of status by marriage, these documents also apply to both spouses. Some of these documents can be:

• Copy of the applicant’s visa.
• Copy of your I-94 (travel history).
• Proof of the applicant’s nationality (usually, a copy of your birth certificate or passport).
• Copy of your tax returns, payment receipts of the American spouse (this will be finally used to prove that a person has the economic means to take care of his or her spouse’s needs).  
• If you were ever arrested in the United States, the sponsoring spouse should present a card given by the court which certifies that no sentence was issued. 
• The applicant must also include a medical exam done by a physician approved by USCIS (United States Citizenship and Immigration Services). In order to find a qualified doctor, you can go to the USCIS website.

The requirements can vary depending on each case. Therefore, it is strongly recommended to talk to an immigration lawyer who can advise you about your particular case.

The documents that we mentioned before are the most common documents requested for the process of adjustment of status by marriage.