Adjustment of Status
For Spouse Of U.S. Citizen Already In United States
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Overview
A U.S. citizen who is married to a foreign national who is currently in the United States can often apply for the foreign national spouse to “adjust status” and become a lawful permanent resident (green card holder). Most often, a foreign national spouse will be able to become a green card holder without leaving the United States.
Adjustment of Status Qualifications
The petitioner of the Green card application must be a U.S. citizen. To adjust status, the foreign nation spouse must be present within the United States, and must have entered the United States legally. If your spouse is not within the United States, it may be more appropriate to file a marriage visa and consular processing application – however, consultation with an immigration attorney is recommended.
Adjustment of Status Process
So, you are a U.S. citizen who is married to a foreign national who is presently in the United States, now what? The following is a step-by-step guide to the process that will allow a foreign national spouse to become a lawful permanent resident of the United States.
Immigrant Visa Stage
The first stage in obtaining lawful permanent residency requires the U.S. citizen spouse to apply for an immigrant visa for the foreign national spouse.
Adjustment of Status Stage
The U.S. citizen spouse will also be required to sponsor the foreign national spouse for adjustment of status. Often times this is done at the same time as the immigrant visa petition is submitted. The U.S. citizen will be required to demonstrate an ability to financially support the foreign national. When the adjustment of status application is submitted, the foreign national can also apply for employment authorization and advanced parole to travel internationally.
Interview Stage
Once the adjustment of status application is filed, the foreign national will be required to attend a biometrics appointment where he or she will be required to provide fingerprints to the USCIS. Additionally, the foreign national and U.S. citizen will likely also be required to attend an interview at a local USCIS field office. After the interview, the USCIS will issue the foreign national spouse a permanent residency card. If the couple has been married for less than two years, the foreign national will be granted conditional permanent residency. Two years after being granted conditional permanent residency, the foreign national will be required to apply for the removal of conditions to permanent residency.
Adjustment of Status Fees
Government Processing Fee: $1760*
Legal Fee: $2625
Former clients are eligible for reduced legal fees.
* The $1490 government processing fee reflects the filing fee for the I-130, adjustment of status application, and the biometrics interview fee.