Adjustment of Status for Spouse of U.S. Citizen
Attorneys in Corpus Christi & Dallas, Texas

On average, every year over 810,000 immigrants apply for lawful permanent resident (LPR) status (obtaining a Green Card) through the sponsorship of family members. The approval process has slowed through the years and now stands at about 20 months. Of the petitioners, the United States Citizenship and Immigration Services (USCIS) approves about 88% and denies 12%.

To obtain LPR status, immigrants must file for what is called an adjustment of status. A family member sponsorship means that a U.S. citizen is petitioning for a family member.

If you are a U.S. citizen and are married to an immigrant, you can file two forms to gain LPR status for your spouse. From that point on, assuming the marriage is legitimate, the process hinges on whether your spouse entered the country legally or illegally.

If you’re seeking to obtain permanent resident status for your immigrant spouse, and you live in Corpus Christi or in the Dallas-Ft. Worth area, contact The Torres Law Firm today for assistance. Our attorney can help you file the paperwork and navigate the process with confidence. Each case has its own individual challenges, but we are committed to working with you personally to help you overcome your obstacles and pursue the best possible outcome.

Adjustment of Status for Spouse of U.S. Citizen

Immigration law permits U.S. citizens to sponsor family members for permanent resident status. Family members include spouses, children under 21 and unmarried, children 21 years old or older and married, parents (if you are over 21), and siblings (if you are 21 and older).

Immediate family members, which include spouses, unmarried children 20 or younger, and parents (if you are 21 or older), are not subject to quotas. Older or married children and siblings are subject to quotas, which may increase their waiting time by months or even years.

Marriage-Based Green Card

Getting a marriage-based Green Card is generally a two-step process. The sponsoring family member (such as the spouse) submits a petition — known as Form I-30, a Petition for an Alien Resident. This is used to establish a qualifying family relationship.

The next step, once the relationship is established, is for the immigrant spouse to file Form I-485, an Application to Register Permanent Residence or Adjust Status. It’s important to note that in many cases, form I-130 and form I-485 can be filed at the same time. After filing the petition and no further documentation is requested, the USCIS will summon the immigrant spouse to have photographs and fingerprints taken.

The Adjust of Status (AOS) Interview

After the fingerprinting and photographing of the immigrant spouse, the couple will be called in for an interview to verify the validity of their marriage and establish the immigrant spouse’s eligibility for a Green Card. The couple should bring along bank statements, lease agreements, wedding pictures, or any other document that can help verify the marriage.

A big caution here is that the USCIS might accuse the immigrant spouse of visa fraud. If the spouse entered the U.S. on a tourist visa or visa waiver for the sole purpose of getting married to obtain resident status, the agency may deny the petition due to visa fraud — especially if the marriage took place within 90 days of arrival. In the case of denial, another form to request a waiver or forgiveness for visa fraud would have to be submitted.

If all goes well during the interview, the spouse’s passport will be stamped, providing a 30-day provisional Green Card. A permanent Green Card should arrive within 60 days.

Other Potential Complications and Roadblocks

All of the above assumes that the immigrant spouse lives with you in the United States and arrived in the U.S. legally.

If your spouse is still living abroad, other processes, such as obtaining a K-1 visa, come into play. If your spouse entered the country illegally — that is, was not seen and “inspected” by an officer of Customs and Border Protection — he or she loses the right to adjust status and cannot file Form I-485.

In this case, the immigrant spouse may be required to leave the United States to the country of their origin and apply for a visa and green card at a U.S. consulate abroad. Unfortunately, the consulate may find the spouse to be inadmissible to the U.S. for a variety of reasons. Having been in the U.S. illegally is one such basis for determining inadmissibility, as is the presence of a communicable disease or having a criminal record, among other factors.

However, the requirement to return home and start the process at a U.S. consulate abroad can be waived through the successful submission of Form I-601A — Application for Provisional Unlawful Presence Waiver — based on the likelihood of “extreme hardship” besetting the sponsoring U.S. family member. Our attorneys at The Torres Law Firm can help you with this step, and answer any questions you may have.

Don’t Face Your Citizenship Case Alone

As you can see, while it is possible to file all of the forms on your own for family sponsorship of residency, you can still face a number of different hurdles and reversals along the way. It’s best to be fully prepared from the beginning by submitting verifiable supporting documents with your petition.

Here at The Torres Law Firm, we can help you identify and assemble the necessary documents, and any other forms of evidence, that can help move the process forward by averting requests for clarification or additional documentation by the USCIS. We can also prep you for the extremely important AOS interview.

At the end of the day, you don’t want to go through this process alone. You can face a long and circuitous process if you fall short of what the USCIS is looking for, which can only prolong the day that your spouse can become a lawful permanent resident.