Green card: Adjustment of Status after marriage. GC Faq #4

Green card: Adjustment of Status after marriage. GC Faq #4

Fred Wahl the Visa Coach here. Todays topic is: How to apply for Adjustment
of Status to get your Green Card? Visa Coach Fast, Easy and Personal Hi. My name is Fred Wahl – I am the VisaCoach,
known for “front loaded immigration presentations” that tell YOUR story leading to fast and easy
approval AND the personal one-on-one attention you receive as my client. I invented the three step “immigration success
method” which anticipates the likely problems and skeptiscm
your case might face, and then squashes those issues by working together on the ideal
appearance of your case and preparation of my signature “front loaded
presentation” that tells YOUR story the way we WANT it heard. When properly implemented,
my method helps “win” approval for your case, even before
the interview starts, and often results in USCIS
deciding that no interview is even necessary. Today’s topic is: How to apply for Adjustment
of Status after marriage? If your spouse entered the USA on a Fiance
visa, and you two have married within 90 days of her arrival, in order for
her to remain in the USA, the next step is to apply for permission from US immigration
to allow her to remain in the USA permanently. The fiance visa officially only allows her
to visit the USA for a short 90 days. To stay longer, the application you file is
for “Adjustment of Status”, this is to “adjust” her status from a 90 day visitor
to a permanent resident. At the end of the process she gets proof she is allowed
to remain. This is a small id, about the size of a drivers licence, called
the “Green Card” First you and she submit your application
to USCIS. The application should include evidences that
your fiance arrived using the K1 visa, that your marriage took place, that
you have combined your lives as a bone fide couple, and that you have enough
financial resources to keep your spouse off of welfare. It also should include proof that she
visited a USCIS approved Civil Surgeon (medical doctor) and her
innoculation records were verified to match the higher standards,
than were earlier needed when she attended the consular medical
to obtain the fiance visa. About one month after sending off the application
your spouse is required to visit a USCIS office for Biometrics. She will
be fingerprinted and photo graphed. Then the process may take on average, 3 to
12 months till she is granted permanent residency and approved for her Green Card. For most couples, before permanent residency
is approved, the couple must attend an interview at a USCIS office. There they
present evidences they may have failed to include in their original application,
and answer questions to convince the USCIS reviewer that their marriage is “bone
fide” and was not entered into, simply for immigration benefits. If the couple “pass” the interview, permanent
residency is granted, and the Green card arrives in the mail about a month later. Most couples are required to attend an interview,
but USCIS has the option to waive the interview, if in the opinion of the USCIS officer reviewng
the file, that the evidences presented are so complete, an interview is unnecessary. The beauty of the high quality standard VisaCoach
applies to it’s “front loaded presentation” for adjustment of status, is that most VisaCoach
clients, enjoy having their interview waived and are not required to attend an interview.
In most cases, her Green Card arrives in the mail without fuss. While the Green Card is pending, and it can
take a very long time, the applicant may not work, nor cross the US borders, but is allowed
to live in the USA. Of course, USCIS understands that the spouse
may want to work, or may want or need to travel. The option to do either is available. The
applicant can apply while her permanent residency is pending
for Employment Authorization, to be allowed to work, and/or for Advance Parole to be allowed
to enter/exit. If applying for Employment Authorization or
Advance parole at the same time as applying for permanent residency,
typically both are granted about two months after the combined application. Usually the
card confirming that EA or AP have been granted arrives in
the mail about 1 month after photos were taken during the
biometrics session. When VisaCoach crafts a “front loaded adjustment
of status presentation” I include the additional applications
for employment authorization and/or advance parole free of charge. If applied for separately, not at the time
of the initial application, Advance Parole or Employment Authorization
typically take 3 months to be granted. Finally, USCIS confirms granting of permanent
residency, and sends the spouse her Green Card. If the marriage was under 2 years old, when
the application was submitted, the Green Card, issued
is only “Conditional” and only valid for 2 years. At the end of the 2 years, for your spouse
to remain in the USA, another application to USCIS is needed
This time the application is called application to “Remove Conditions on Residency”. Once again, you as a couple, must demonstrate
your “bone fides” to US immigration. On approval of the “removal
of conditions” her permanent residency is upgraded
to permanent, permanent residency, versus conditional (or two year tempoary) permanent
residency. If the marriage was over 2 years old, when
the adjustment of status application was submitted, then there would not be any “conditions” applied,
and your spouse’s permanent residency would be permanent. As early as 2 years and 9 months from the
first approval date of her first Green Card, your
spouse may apply for US citizenship. This is Fred Wahl, The Visa Coach
I’m on your side. Call me. Asking US immigration for permission to bring
your Fiance to America for marriage and “Happily Ever After” is a slow, complicated and often
frustrating process. It is all too easy to make crucial mistakes
that cause delays and denials. Fred Wahl, the VisaCoach, has written a short
guide for couples contemplating Fiance immigration, that points out the pit-falls, red flags and
common mistakes which cause problems, AND how to avoid them. The VisaCoach is giving away this indispensible
guide Free of Charge, because “Visas shouldn’t stand in the way of love”. For your and your partners peace of mind,
don’t do anything UNTIL you read this guide first. Get your Free copy at VisaCoach dot com forward
slash five.

34 thoughts on “Green card: Adjustment of Status after marriage. GC Faq #4

  • I came to US in 2012 on a B2 Canada, married then applied for i-130, had to apply twice because of USCIS snafu, approved in 2014, but could not have spouse sponsor due to financial problems, so I came back to Canada in Sept 2015. I guess I am screwed and won't be able to come back to visit spouse or apply again?

  • is my birthcertificate copy is really important in adjusting the status of my wife?i have the passport copy in my government iD,,,,

  • Good day..if I'm married to a US citizen.then I don't adjusted my status yet is there a chance to get a permit to work?

  • If i am outside the US, after my i30 is approved, can i go to the US on my non-immigrant visa and adjust my status ?

  • me and my husband married on the 25 July this year.
    I am currently in united kingdom working to save and save and save so I can go out and apply for my adjustment of status , what can we do to make this go smoothly and quickly . I would like to go out and be able to work as soon as possible . he has currently given up his house and moved back with his parents as have I over here so we can save money. we will be looking for a place once I arrive in the USA .

  • if I entered illegally, my father filed for me in 1991 in a family petition, and now I'm married to a us citizen. do I start with the i130 ?

  • hello Mr Fred,
    can you help the couples with adjestement of status or only for K1 and CR1 visa?
    can you help couple with big age difference?
    if i marry my boyfreind in the usa with visit visa than apply for the AOS, can i stay while the AOS is pending? if yes, what should i do in case it is denied? will we have another chance to apply for CR1 outside the USA ?

  • attorney can I ask? because we're already processed our change of status this year September but I want to work while waiting my conditional green card but I heard that I need to apply form I-765 but some of my friends told me that it's automatically done package as long as I've done changing status.. I'm so confused about this…if I don't have to file another form I-765 how long do I have to wait my working permit? i already have my SSN.. I'm here for k1 fiancee visa.. I've been here for 5 months.. and how long do I have to receive also my conditional green card? thank you

  • What if i dont have any vaccine record copy came from my home country because they forgot to give me a copy. may i know if what else can i do to have a vaccine record so that i can apply for adjust of status?

  • hi attorney!!I have a question about the adjustment of status…. we filed for it but unfortunately we got an RFE… it's about the affidavit of support… they said that my husband didn't meet the poverty guidelines,the last 2 years my husband didn't met the limit on his annual income but this last year he met the limit…so I'm just wondering how can we fixed it?

  • do i need to include our daughter crba to my requirements when i send my aos packet to uscis,i entered to us as K1 visa with my us citizen married now to my fiance

  • Do the children on K2 visas need the AOS too? do we need to file their AOS and Application for Travel separately?

  • i apply for green card 1998 i am political refugee live in united states for 21 years and i don't have green card . yes i still live in united states . ??

  • hey I'm in he U.S right now and i just got married to a US citizen on a visa waiver program. My return flight is in 7 days, should i cancel it and apply for a status adjust?

  • Hi,im already in the united state with K1 visa my wife is retired and we have already done the wedding here in united state what and what i need to file to get my green card and work permit fees and all the document needed from us thanks

  • Sir our usa f4 case apply 2005 sister in law apply our case. But my son is 23 years old now.can he get visa?

  • Hello. I'm an U.S. citizen who has already been married to my Ecuadorian spouse for 5 years. Can she come on her tourist visa and adjust status? She is currently living in Ecuador with our daughter while I working here in the U.S. We want to be together ASAP. thank you sir.

  • I am a US citizen living in Germany with my wife who is from here. We got married in California where I am from back in December and plan on moving back to the US this summer. I was informed by USCIS that the best method is for her to enter legally via an ESTA visa and apply for Adjustment of Status via form I-485 once we arrive, along with the 130/130A. Is this the best method?

  • Dude you’re giving wrong and bad information from the start. They do not have to leave after the 90 day visa. That is the time they have to get married. Technically they can stay as long as they want after being married but the USCIS frown on anyone who does that more than 6 months and doesn’t put in an adjustment of status. Come on man. Don’t mislead people’s

  • hi. do i need to apply the Social security and i94 for green card?. i couldnt find my i94 those days in the web of i94. when i get in the website they have a notification that the i94 no longer needed for air and sea immigration. is that exactly that i dont need it anymore

  • if i get married already but still not apply for the green card before my k1 visa in my passport expired. can i still stay or i have to go back to my country?

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