Marriage Visa Flow Chart For Spouses
of U.S. Citizens Inside United States
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Spousal Visa & Adjustment of Status Steps
For Spouses of U.S. Citizens Inside the United States
Many foreign national spouses of U.S. citizens can adjust status and become permanent residents of the United States without leaving the United States. The Adjustment of Status process is a multi-stepped and takes longer than one would expect. The process can be further delayed if a petition has mistakes or is not submitted with the right documentation. Avoiding these mistakes is key, and a marriage visa lawyer can help ensure a smooth process.
Step One. Couple Is Married & Both Are In The United States
A couple must be married and both living in the United States to qualify for adjustment of status. Not all couples are eligible to adjust status (even if in the United States), and it is important to contact a marriage visa attorney to ensure eligibility.
Step Two. Contact The Marriage Visa Law Firm
Once married and in the United States, a couple must consult a marriage visa attorney to ensure their eligibility. An attorney can provide a detailed explanation of the process and can ensure that all documents and evidence is submitted with the petition.
Step Three. Submit the Adjustment of Status Petition to the Immigration Agency
Once a spousal visa lawyer prepares the Adjustment of Status petition (complete with required documentation and forms) for you to review, the petition will be submitted to the immigration agency. The immigration agency is currently taking around five months to process petitions. This time frame can be longer if the required documents are not submitted the first time.
Step Four. Attend Biometrics Interview
One month after the application is submitted to the USCIS, the immigration agency will notify the applicant that he or she will need to attend a biometrics interview where fingerprints and photographs may be taken of the applicant.
Step Five. Receive Work Authorization and Travel Authorization
Three months after the petition is submitted, the applicant will receive travel and work authorization. Before using either, an applicant should make sure that he or she is eligible. Often, applicants are granted travel authorization when they are not eligible and end up being barred from entering the United States for 3 or 10 years because of previous immigration violations.
Step Six. Both Attend Interview at Local Immigration Office
The immigration agency will notify the couple of a date and time when they will need to both attend an interview at the local immigration office. At the interview, the immigration agency will review the couple’s petition, and ask additional questions to ensure the good faith relationship between the couple. The firm helps applicants prepare for the interview and provides insight into what to expect at the interview.
Step Seven. Green Card (Permanent Residency Card) Issued
After the interview, the marriage visa beneficiary will be granted a green card (permanent residency card). If the marriage is less than two years old when the green card is issued, the green card will be a conditional green card. This means the couple will need to provide a second petition two years after the card is issued. If the marriage is over two years old, then the green card will be permanent.