Introduction to Adjustment of Status
Adjustment of status is the process by which a non-citizen becomes a lawful permanent resident of the United States. After marriage, the foreign-born spouse of a U.S. citizen or lawful permanent resident may be eligible to adjust their status to become a green card holder.
The adjustment of status process involves submitting an application to U.S. Citizenship and Immigration Services (USCIS) and attending an interview. The processing time for adjustment of status applications can vary depending on several factors, including the workload of the USCIS office and the complexity of the case.
Marriage-Based Green Card Application
To apply for a marriage-based green card, the U.S. citizen or lawful permanent resident spouse must file a petition with USCIS. The petition must be accompanied by documentation, including proof of the marriage, proof of the spouse's immigration status, and proof of the spouse's identity.
Once the petition is approved, the foreign-born spouse can apply for adjustment of status. The application must include documentation, such as a medical examination, police certificates, and proof of financial support.
Adjustment of Status Timeline
The timeline for adjusting status after marriage can vary depending on the USCIS office and the complexity of the case. Generally, the processing time for adjustment of status applications is between 8-14 months. However, some cases may be processed more quickly, while others may take longer.
It's essential to check the USCIS website for the most up-to-date processing times and to track the status of the application. The USCIS website provides a tool to check the status of pending applications and to receive updates on the progress of the case.
Factors Affecting Adjustment of Status Processing Time
Several factors can affect the processing time for adjustment of status applications, including the workload of the USCIS office, the complexity of the case, and the need for additional evidence. In some cases, USCIS may request additional evidence or schedule an interview, which can delay the processing time.
Additionally, the USCIS office may experience delays due to staffing shortages or changes in immigration policies. It's essential to be patient and to stay informed about the status of the application.
Conclusion and Next Steps
Adjusting status after marriage can be a complex and time-consuming process. It's essential to understand the requirements and the timeline for adjusting status to ensure a smooth and successful application process.
If you're considering applying for a marriage-based green card, it's recommended that you consult with an immigration attorney to ensure that you're eligible and to guide you through the application process.
Frequently Asked Questions
How long does it take to get a green card after marriage?
The processing time for a marriage-based green card application can take between 8-14 months, depending on the USCIS office and the complexity of the case.
What is the first step in applying for a marriage-based green card?
The first step is to file a petition with USCIS, which must be accompanied by documentation, including proof of the marriage and proof of the spouse's immigration status.
Do I need to attend an interview for a marriage-based green card application?
Yes, you will need to attend an interview with USCIS as part of the application process.
Can I work while my marriage-based green card application is pending?
Yes, you can apply for a work permit while your application is pending, which will allow you to work in the United States.
How much does it cost to apply for a marriage-based green card?
The filing fee for a marriage-based green card application is currently $1,140, plus additional fees for biometrics and other services.
Can I travel outside the United States while my marriage-based green card application is pending?
It's recommended that you do not travel outside the United States while your application is pending, as this can affect the processing of your application and may result in delays or denial.