If you are married to a green card holder and living in the United States, you may be eligible to apply for permanent residency (a green card) through a process called “adjustment of status.” This process allows you to transition from your current nonimmigrant or immigrant status to permanent resident status without leaving the United States. Here’s a general overview of how to apply for permanent residency in this scenario:
- Check Eligibility:
- Make sure you meet the eligibility criteria for adjusting your status. This includes maintaining legal status, having an approved immigrant petition (Form I-130) filed by your green card holder spouse, and having a visa number available in the F2A category (spouses of green card holders).
- File Form I-485, Application to Register Permanent Residence or Adjust Status:
- Prepare and submit Form I-485 along with the required supporting documents.
- This form is used to apply for permanent residency and includes questions about your background, immigration history, and eligibility.
- Biometrics Appointment:
- After submitting Form I-485, you will receive a notice for a biometrics appointment. At this appointment, your fingerprints, photograph, and signature will be collected for background checks.
- Attend Interview (if required):
- In some cases, USCIS may schedule an interview as part of the adjustment of status process. You and your spouse will be interviewed by a USCIS officer to verify the authenticity of your marriage and eligibility for permanent residency.
- Provide Additional Documents:
- USCIS may request additional documents or evidence during the processing of your application. Make sure to promptly provide any requested information.
- Receive Decision:
- USCIS will review your application, conduct background checks, and make a decision on your case. You will receive a notice of decision in the mail.
- Receive Green Card (if approved):
- If your application is approved, you will receive your green card in the mail.
- Your green card grants you lawful permanent resident status and allows you to live and work in the United States indefinitely.
- Conditional Permanent Residency (if applicable):
- If you’ve been married for less than two years at the time you’re granted permanent residency, you may receive “conditional” permanent residency. You’ll need to file Form I-751 to remove these conditions within the 90-day period before your conditional green card expires.
It’s important to carefully follow USCIS instructions, gather all required documents, and submit your application accurately. Any mistakes or omissions could result in delays or even a denial of your application. If you have any doubts or concerns, consider seeking guidance from an immigration attorney to ensure a smooth adjustment of status process. Remember that immigration policies and procedures can change, so always refer to the official USCIS website for the most up-to-date information.
Cost of applying for permanent residency when Married to a Green Card Holder and Living in the United States
The cost of applying for permanent residency (adjustment of status) when married to a green card holder and living in the U.S. includes various fees associated with different stages of the process. However, please keep in mind that fees can change over time due to updates in immigration policies and regulations. Here are some of the common fees associated with the adjustment of status process:
- Form I-485 Filing Fee: This fee is associated with filing Form I-485, Application to Register Permanent Residence or Adjust Status. It is the primary fee for the adjustment of status application.
- Biometrics Fee: This fee covers the cost of collecting your biometric data (fingerprinting, photograph, and signature) for background checks.
- Form I-130 Petition: If your green card holder spouse is filing an immigrant petition (Form I-130) for you, there may be a fee associated with this petition.
- Form I-765, Application for Employment Authorization (optional): If you wish to apply for work authorization while your adjustment of status application is pending, there is a fee for this form. However, in some cases, work authorization may be included as part of the adjustment of status application.
- Form I-131, Application for Travel Document (optional): If you need to travel outside the United States while your adjustment of status application is pending, you may apply for a travel document (Advance Parole) using Form I-131. There is a fee for this form.
It’s important to note that USCIS fees can change, and the specific fees you’ll need to pay can depend on your individual circumstances. To get the most accurate and up-to-date information about the fees associated with applying for permanent residency through adjustment of status, I recommend visiting the official USCIS website and checking the USCIS Fee Schedule. Additionally, consult the instructions for the specific forms you’ll be filing to determine the correct fees.
If you’re uncertain about the fees or any other aspect of the process, consider seeking guidance from an immigration attorney to ensure that you have a clear understanding of the costs and requirements involved in applying for permanent residency opcritic.
What documents are required for marriage Adjustment of Status if married to a green card holder and live in the U.S.
When applying for Adjustment of Status (AOS) based on marriage to a green card holder and living in the United States, you will need to provide a variety of documents to support your application. These documents help demonstrate the authenticity of your marriage, your eligibility for permanent residency, and your compliance with U.S. immigration regulations. While specific requirements can vary and change over time, here’s a general checklist of common documents that you might need for the marriage-based Adjustment of Status application:
- Form I-485, Application to Register Permanent Residence or Adjust Status: The primary form for the AOS application.
- Form I-130 Approval Notice: If your green card holder spouse previously filed Form I-130 on your behalf, provide a copy of the approval notice.
- Passport Photos: Generally, two passport-sized photos that meet the USCIS requirements.
- Copy of Passport: A copy of your passport, including the biographic information and the pages with stamps and visas.
- Copy of Birth Certificate: A copy of your birth certificate, along with a certified translation if it’s not in English.
- Copy of Marriage Certificate: A copy of your marriage certificate, demonstrating the validity of your marital relationship.
- Affidavit of Support (Form I-864): If required, the green card holder spouse submits an Affidavit of Support to demonstrate financial ability to support you.
- Proof of Sponsor’s Status: Copies of the green card holder spouse’s green card, passport, or other proof of their lawful permanent resident status.
- Proof of Continuous Presence: Documentation to prove that you’ve been continuously residing in the U.S., such as lease agreements, utility bills, employment records, etc.
- Form I-693, Report of Medical Examination and Vaccination Record: A sealed medical examination report performed by an approved civil surgeon.
- Form I-765, Application for Employment Authorization (optional): If you want to apply for work authorization while your AOS application is pending.
- Form I-131, Application for Travel Document (optional): If you need to travel outside the U.S. while your AOS application is pending.
- Copies of Visa Entries: If applicable, copies of your entry stamps into the U.S.
- Evidence of Relationship: Documentation to prove the authenticity of your marital relationship, including photos, joint financial accounts, joint leases, shared bills, and any other relevant evidence.
- Divorce or Death Certificates (if applicable): If either spouse has been previously married, documents showing the termination of those marriages.
- Application and Biometrics Fees: Payment receipts for the required fees associated with the AOS application.
It’s important to note that requirements can vary based on your specific situation and any changes in immigration policies. Always consult the official USCIS website and the instructions for Form I-485 for the most up-to-date information. If you’re uncertain about the documentation or any aspect of the process, consider seeking advice from an immigration attorney to ensure a successful Adjustment of Status application.
How long does it take to get Adjustment of Status completed if I am married to a green card holder and live in the U.S.?
The processing time for Adjustment of Status (AOS) based on marriage to a green card holder and living in the U.S. can vary based on several factors: https://bwea.com/married-to-a-green-card-holder-living-in-us-checklist/
Here are some factors that can influence the timeline for completing the AOS process:
- USCIS Processing Times: USCIS processing times can vary depending on the service center or field office that handles your application. Some offices might have higher caseloads or longer processing times than others.
- Completeness and Accuracy of Application: If your application is complete and free of errors, it may move through the process more smoothly. Incomplete applications or applications with errors could lead to delays or requests for additional information.
- Background Checks: USCIS conducts background checks on applicants. If you have a complicated background or if there are issues that need further investigation, this can impact the processing time.
- Demand and Workload: The overall volume of applications being processed by USCIS can impact processing times. If there’s a higher demand for AOS applications, it could lead to longer processing times.
- Interview Scheduling: Depending on the USCIS field office, you might be required to attend an interview as part of the AOS process. The scheduling and availability of interview slots can affect the timeline.
- Travel Authorization and Employment Authorization: If you applied for a travel document (Advance Parole) or work authorization (EAD) as part of your AOS application, processing times for these documents can also influence your overall timeline naamagazines.
- COVID-19 Pandemic and USCIS Backlogs: The COVID-19 pandemic has had an impact on USCIS operations, leading to delays in processing and appointment scheduling. Additionally, there were pre-existing backlogs that have affected processing times.
As a rough estimate, AOS applications can take several months to over a year to be processed, but processing times can change over time and can vary widely. USCIS often updates processing time estimates on its official website, so it’s a good idea to check their site for the most current information specific to your location.
If you’re concerned about the timeline or if you’re experiencing significant delays, you might consider seeking assistance from an immigration attorney who can provide guidance and potentially advocate on your behalf with USCIS lazydadreviews.