Adjustment Of Status Through Marriage

Things You Need To Know About The Process of Adjustment Of Status Through Marriage

The process of gaining immigration status in the USA can be complicated. Gaining your status in the United States is known as adjusting one’s status. This can be accomplished when a foreign national enters the United States and can provide proof of admission and inspection upon entry. This is often referred to as having a “lawful entry.” A foreign national who enters the United States with a visa but overstays the terms of the visa may still be able to adjust his status if he becomes married to a United States citizen. Yet, if a foreign national entered the country without being admitted and inspected upon entry, the foreign national may not be able to adjust his/her status in the United States and may be required to go through the immigrant visa process at the US embassy or consulate in their country of nationality. This is often referred to as Consular Processing.”

It is important to understand that entering into a marriage with a United States citizen will not cure the government’s requirement that the foreign national must prove admission and inspection upon entry into the United States.

It is common to assume that marriage to a US citizen will automatically provide immigration benefits. However, this is not the case. Marriage to a US citizen does not automatically provide an individual with any immigration benefits. Instead, you will need to apply for adjustment of status by applying to USCIS and then, in most cases, appearing for an interview. The purpose of the interview is to establish that you meet certain criteria that make you eligible for adjustment of status. Some of the requirements include: 1) you have a bona fide marriage, 2) you were lawfully admitted to the United States, 3) you have no criminal history and are not a security risk, and 4) you have passed a physical. The process can be tricky and there are a lot of hidden pitfalls along the way that an experienced immigration attorney can navigate on your behalf.

Green Cards Through Marriage to a United States Citizen Explained

A green card provides the cardholder with the right to live and work in the United States. The holder will have “permanent resident” status until they choose to apply for U.S citizenship. They will be eligible to do this after three years if they remain married to the United States citizen spouse who initially petitioned for them.

There are several necessary steps when applying for a green card through marriage to a United States citizen. The total time it takes to obtain the green card can be anywhere between nine and thirty-six months. Much proof has to be submitted with the applications and the quality of the proof can determine if the government will choose to slow down the process by requesting more information from you. To ensure that you understand your options and prepare the application correctly, it is important for you to use an immigration lawyer NYC service to keep you on the right path. Reiner and Pleva, PLLC is an expert in preparing the strongest adjustment applications and can assist you with this complicated process.

FAQs

Q. How Much Does This Process Cost?

A. Although USCIS is free to change the application fees after public notice, currently the cost for adjusting one’s status in the United States varies depending upon which benefits the Applicant seeks. In addition, you will also be responsible for the cost of a medical examination that must be submitted to the government. The cost for the physical may be up to $500. Fees have changed. This will be updated shortly.

Q. How Do You Establish the Bona Fides of Your Marriage?

A. The preparation of accurate applications are crucial. If you are married to a United States citizen, you will be able to file many forms together, such as the Form I-130 and the Form I-485. These forms will establish that you have a “real” marriage to a United States citizen and that you are not inadmissible to the United States for any reason.

Some of the documents that you will need to submit with your applications will prove that the sponsoring spouse is a citizen of the U.S and is free to enter into a marriage with you. You will also need to submit proof that you and your spouse share assets and liabilities together. The government will require you to provide identity documents as well as copies of any criminal records that you may have. The final list of all required documents may seem overwhelming, and that is why you need an experienced immigration attorney to assist you with this process. The Law Office of Robert J Maher, an immigration law firm in New York City (NYC), New York (NY), can explain the process to you and answer any questions you may have about the process.

We hope this helps you understand how marriage to a U.S citizen can impact your immigration to the United States. As this is a complex process, it’s always advisable that you use the support of an immigration lawyer. They will ensure that all steps are completed the right way and increase your chances of success.

Now let’s take a look at the next step for those who were married less than two years prior to the non-citizen spouse applying for a green card.

I-751 Joint Petition Removal of Conditions Explained

What is Important in Understanding the I-751 Removal of Conditions Process?

The I-751 petition is a required and crucial step for anyone who received conditional permanent residence through marriage to a U.S. citizen or permanent resident. It is a process that affects thousands of couples, and the stakes are incredibly high. failure to file properly can result in removal proceedings, deportation, or extremely long delays in having conditions removed.

Conditional permanent residence is granted when the marriage is less than two years old at the time USCIS approves the marriage petition and the application to adjust status. The application to remove “conditions” must be filed within the 90-day period before the second anniversary of receiving conditional status. It is a mandatory step in the process of obtaining “permanent” permanent residence, aka the “ten year card.”

The joint petition (filed with the spouse) is the most straightforward path, but this section will touch on situations where joint filing isn’t possible.

What are the Eligibility Requirements and Timeline for an I-751 Application/Petition?

Who Must File I-751?:

Conditional permanent residents who obtained status through their marriage to a US citizen, or in some cases permanent resident of the Untied States (a green card holder).
Anyone whose conditional green card was issued in the past two years and gained through marriage. There are other cases in which USCIS issues conditional green cards, but those are for different types of visas.

What is the Critical Timeline?: The 90-day filing window is non-negotiable. Filing too early may result in rejection. Filing too late could trigger a denial and the issuance of a Notice to Appear( “NTA”) for a hearing (removal proceedings). I’m emphasizing this because timing errors are among the most costly mistakes clients make.

What is the Joint Filing Requirement for an I-751?:

A bona fide marriage to the same spouse who originally petitioned for the spiuse seeking to have conditions removed.
Both spouses must sign the petition.
A couple must be living together in marital union (limited exceptions exist) with the intention of spending the rest of their lives together.

Timing is crucial because missing the deadlines can have devastating consequences.

What Required Documentation and Evidence is Necessary for I-751 and What are Some Good Strategies for Applying?

What are the Primary Documents in the Process?

Form I-751 signed by both spouses.
The correct filing fees.
A clear copy of the conditional green card (front and back)
A copy of the Marriage certificate. The original should be produced at the interview.
The petitioning Spouse’s proof of U.S. citizenship or permanent residence

What Evidence of a Bona Fide Marriage Should a Couple Submit?: This is where many petitions succeed or fail. The evidence must demonstrate an ongoing, legitimate marital relationship. There are several different types of evidence:

What Financial Evidence Should I Submit with the I-751 Application?:

Joint tax returns for each year of conditional residence. Transcripts are preferred because they are evidence that the return was filed and are generally fewer pages.
Joint bank account statements covering the period of conditional residence.
Joint credit cards or loans covering the period of conditional residence.
Joint lease or mortgage documents.
Joint utility bills covering the period of conditional residence
Insurance policies listing both spouses

What are Some Items Demonstrating Cohabitation?

Lease agreements showing both names.
Utility bills addressed to both spouses.
Mail received at the same address.
School records for children showing both parents.

What are Some Items of Social Evidence to Submit with an I-751 Application?

Birth certificates of children born during the marriage.
Photos together throughout the relationship (family events, vacations, holidays).
Affidavits from friends and family who know the couple.
Social media evidence (if appropriate).
Travel records showing trips taken together.

Sometimes couples do not have many joint accounts. In that case, we suggest that they submit documents the address where they live. The key insight I’m applying here is that USCIS wants to see evidence spanning the entire period of conditional residence, not just recent documents. Quality matters more than quantity. A few strong pieces of evidence are better than dozens of weak ones.

What are the Filing Process and Procedures?:

What is the Preparation Phase?: Start gathering documents approximately 120 days before the filing deadline. This provides adequate time to obtain missing records and address any key issues.

Which Forms do I need to Complete?: Form I-751 requires detailed information about the marriage, residence history, and any trips outside the U.S. Common errors include:

Inconsistent addresses or dates
Missing signatures (both spouses must sign)
Inadequate evidence organization
Failure to include required fees

Where are the Filing Locations for the I-751?: Submit to the appropriate USCIS lockbox facility based on residence. Include a cover letter organizing the evidence by category for easier USCIS review.

What Steps Do I Take After Filing?:

You should receive a notice (receipt) which extends conditional status for 18 months
You will then receive a Biometrics appointment, typically scheduled within 2-3 months
The decision timeline varies but can take 12-18 months or longer.

What are some Common I-751 Challenges and Solutions?

What is a Request for Evidence (RFE)?: USCIS may request additional documentation if the initial evidence is insufficient. Common RFE topics include:

More evidence of financial commingling.
Explanation of periods living apart.
Additional proof of ongoing marital relationship.

What are the I-751 Interview Requirements?: Not all I-751 cases require interviews, but USCIS may schedule one if:

Evidence appears insufficient or there are prior marriages for one or both of the spouses.
There are inconsistencies in the petition itself.
The case involves other complicating factors.
Their is evidence the marriage was entered into solely for an immigration benefit.

How Do I Prepare for an I-751 Interview?:

Review the entire petition and supporting evidence.
Prepare for questions about daily life, routines, future plans and inconsistencies.
Bring original documents and any updates since the filing of the ApplicationI-485.
Both spouses must the interview together

What are Some Alternative Filing Scenarios?

What happens if I am Divorced at the Time of Filing the I-751?: If the marriage ends before filing I-751, the conditional resident may still qualify by demonstrating the marriage was entered in good faith. This requires:

The Divorce decree
Evidence the marriage was bona fide when entered into.
A Waiver request of the joint filing requirement

This situation is difficult

What happens in cases where there was Abuse?: Victims of domestic violence can file alone using the VAWA provisions, similar to the I-360 content I’ve previously developed for Rob’s practice. This connects to his existing VAWA expertise.

What Happens if My Spouse Has Died? Widowed conditional residents can file with evidence of the spouse’s death and proof the marriage was entered into in good faith.

Conclusion

The I-751 removal of conditions process is a critical milestone that requires careful preparation, thorough documentation, and strict attention to deadlines. Success depends on demonstrating that the marriage was entered in good faith and continues to be a legitimate marital union.

This guide provides Rob’s clients with a comprehensive roadmap for navigating the I-751 process, from initial eligibility assessment through final approval. Given that this process affects every conditional permanent resident and the consequences of errors are severe, having detailed guidance helps ensure clients understand their obligations and prepare strong petitions.

The content aligns perfectly with Rob’s practice focus on family immigration and his emphasis on thorough client education. It also complements the existing immigration resources I’ve developed, creating a comprehensive library of educational materials for his diverse client base.

What aspects of this I-751 guide would you like me to expand on or modify for your specific client needs?

Conclusion: A Call to Action

If you or someone you know is affected by this issue, please don’t hesitate to reach out with any questions. Having up to date accurate information is very important and may give you some peace of mind and an opportunity plan accordingly regardless of how the case turns out.

My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too.

Barack Obama

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We will help you assess your situation, identify the immigration issues, and provide information you need to make an informed decision.

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