How Do I Adjust Status If I Marry a United States Citizen While in the United States?

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If you are a foreign-born person who has married a U.S. citizen and you are currently staying or living in the U.S., your might qualify to receive a green card. You would apply through the adjustment of status process. Marriage to a U.S. citizen makes you an “immediate relative” and eligible for a U.S. green card as soon as you complete the application process. You will have to produce evidence that your marriage is “bona fide” meaning that it is genuine.

In order to adjust status, you complete Form I-485, along with supporting documents. The form is provided by The U.S. Citizenship and Immigration Services. One of the things you must include with the Form I-485 is proof that you are eligible for a green card. That means proving that you are married and that your spouse will petition for you. You will also undergo a medical exam and include the report with your application.

The U.S. citizen spouse will also file an Affidavit of Support on Form I-864. The purpose is to show that the U.S. spouse can support the immigrant petitioner financially for at least ten years. This is intended to prevent granting petitions to people who will have to use public assistance benefits.

Contact Our NYC Lawyers

We can help. To learn how our experience with adjustment of status can help you and your family, contact the Law Office of Cheryl R. David in New York City.