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Adjustment of Status After Marriage

You’ve just gotten married to your sweetheart who happens to be a U.S. citizen! Congratulations on your marital union!

Now that you’ve tied the knots, you may be wondering what steps you need to take to become a permanent resident of the United States.

Adjustment of Status is the process of applying for a green card or permanent residency while already present in the United States. Being able to adjust your status from within the United States saves you a trip to your home country for visa processing.

Applying to adjust your status is very time consuming and can be confusing for many. Being well informed about the requirements and having an action plan can make things go smoother for you.

The book, How to Apply for A Green Card After Marriage to An American: A Step-By-Step Guide to Adjusting Your Status in the USA, provides great detail on how to successfully apply for a green card after marriage to your U.S. citizen spouse. Intending immigrants who would like a step-by-step guide that simplifies the green card application process should consider getting a copy of the book.

Below is a brief breakdown of what applying for adjustment of status entails:

  • The U.S citizen spouse files Form I-130 (Petition for Alien Relative) on behalf of the beneficiary spouse.
  • The beneficiary spouse files Form I-485 (Application to Register Permanent Residence or Adjust Status).
  • The U.S citizen spouse files Form I-864 (Affidavit of Support Under Section 213A of the INA) on behalf of the beneficiary spouse. Form I-864 is to be filed along with Form I-485.
  • The beneficiary spouse and a USCIS designated civil surgeon complete Form I-693 (Report of Medical Examination and Vaccination Record). Form I-693 may be submitted along with Form I-485, after you file Form I-485, or at the interview.
  • The beneficiary spouse may file Form I-131 (Application for Travel Document) if he/she wishes to be able to return to the United States after traveling outside the country, while waiting for a decision on Form I-485. Form I-131 may be filed along with Form I-485 or at a later time.
  • The beneficiary spouse may file Form I-765 (Application for Employment Authorization) if he/she wishes to be able to work while waiting for a decision on Form I-485. Form I-765 may be filed along with Form I-485 or at a later time.
  • The beneficiary spouse and/or the U.S citizen spouse may file Form G-1145 (E-Notification of Application/Petition Acceptance) if either party wishes to receive electronic communications (via email and/or text message), when an application/petition has been accepted.
  • If an attorney or accredited representative will be representing you, he/she is to complete Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative).

Be aware that there are many areas that are not covered in the quick summary above. How to Apply for A Green Card After Marriage to An American: A Step-By-Step Guide to Adjusting Your Status in the USA, provides a whole lot more information including step-by-step instructions for completing the USCIS forms, the supporting documentation requirements for each form, how to prove to the USCIS that your marriage is bona fide, where to send your application, how to prepare for the adjustment status interview, and how to maintain your status as a permanent residence.

It is advised that you conduct thorough research before filing your application with the USCIS. Properly filing your application will help prevent complications.

Good luck to all you intending immigrants out there!

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