The adjustment of status for the spouse of a green card holder is a pathway for a foreign spouse already residing in the United States to become a permanent resident (green card holder) without leaving the country. This process allows the foreign spouse to transition from a temporary visa status to a lawful permanent resident. However, navigating this process requires understanding the eligibility requirements, forms, documentation, and other vital steps.
This blog thoroughly explores each aspect, from validating the spousal relationship to post-application steps, including interviews, work, and travel authorization.
First, let’s start by knowing the eligibility criteria for adjustment of status.
Eligibility Criteria for Adjustment of Status
Before starting the adjustment of status for the spouse of a green card holder, it is essential to determine if the foreign spouse meets the eligibility requirements. These include validating the marital relationship, lawful entry, and the availability of an immigrant visa.
- Spousal Relationship Validation
To initiate the adjustment of status for the spouse of a green card holder, the couple must provide proof of a legally recognized and valid marriage. U.S. Citizenship and Immigration Services (USCIS) scrutinizes marriages to ensure they are not solely for immigration benefits. Documentation that helps to establish the authenticity of the marriage includes:
- A certified copy of the marriage certificate.
- Photos of the couple together in various settings (e.g., family events, trips).
- Joint financial documents include shared bank accounts, tax returns, or property leases.
- Affidavits from friends and family attest to the validity of the marriage.
- Proof of shared obligations or responsibilities, such as utility bills, health insurance, or loans.
This evidence helps prove that the marriage is bona fide and not entered into for immigration purposes, which is critical for a successful adjustment of status for the spouse of a green cardholder.
- Lawful Entry and Physical Presence
For the foreign spouse to qualify for the adjustment of status for the spouse of a green card holder, they must have entered the U.S. lawfully, meaning they were inspected and admitted or paroled into the country. They must also be in valid visa status. The foreign spouse must also be physically present in the U.S. when applying. They may face additional hurdles if they enter unlawfully or overstay their visa without a valid reason. Proof of lawful entry can include:
- I-94 form (Arrival/Departure Record).
- A stamped visa or passport.
If foreign spouse has a history of immigration violations, or a criminal record, it is best to consult an immigration attorney to understand the implications and options for proceeding with the adjustment of status for the greencard holder’s spouse.
- Immediate Visa Availability
For the adjustment of status for the spouse of the green card holder to proceed, an immigrant visa must be immediately available. Spouses of green card holders fall under the F2A category (family-based second preference), meaning they are subject to annual visa quotas. Unlike immediate relatives of U.S. citizens, green card holder spouses often face waiting periods depending on their priority date. The Visa Bulletin, published monthly by the U.S. Department of State, indicates whether an immigrant visa is available for the applicant’s category and country of origin. If a visa is unavailable, the applicant must wait until the priority date becomes current before submitting the adjustment of status application.
If you need tailored guidance to confirm your eligibility or assistance gathering the necessary documentation, professional help from Khandelwal Law can be invaluable.
Now that we’ve covered the eligibility criteria, we will discuss the necessary forms and documents.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Required Forms and Documentation
Accurately filing the necessary forms and gathering the correct documentation is critical to adjusting the status of a green cardholder’s spouse. The U.S. government requires specific forms to ensure the applicant meets all legal requirements for permanent residency.
1. Form I-485
Form I-485, Application to Register Permanent Residence or Adjust Status, is the core document for the adjustment of status for the spouse of a green cardholder. Filing this form starts the process of transitioning from non-immigrant to permanent resident. The form requires detailed information about the foreign spouse, including personal, employment, and immigration history. It is also essential to disclose any prior immigration violations, criminal history, or deportations. Filing fees for Form I-485 can vary depending on age and biometric requirements.
2. Form I-130
Form I-130, Petition for Alien Relative, is filed by the U.S. green card holder to establish a qualifying family relationship with their spouse. This form serves as the foundation for the adjustment of status for the spouse of the green card holder application, as it verifies that the foreign spouse is legally eligible to immigrate through their relationship. The I-130 must be approved before USCIS will process Form I-485.
3. Form I-130A
Form I-130A, Biographic Information, is a supplementary document for the adjustment of status for the spouse of a green cardholder. This form provides USCIS with additional background details about the foreign spouse, including their employment history, parents’ details, and previous addresses.
4. Supporting Documents
Several supporting documents must be submitted alongside the forms. These include:
- A certified copy of the marriage certificate.
- Birth certificates for both spouses.
- A copy of the foreign spouse’s passport showing their entry into the U.S.
- I-94 form as proof of lawful entry.
Divorce decrees or death certificates for any previous marriages. These documents ensure that USCIS can verify the applicant’s relationship, identity, and legal status.
5. Form I-864
The U.S. green card holder must submit Form I-864, Affidavit of Support. This form legally binds the petitioner to financially support their spouse to prevent the foreign spouse from becoming a public charge. The petitioner must demonstrate sufficient income (usually 125% of the federal poverty level) or assets to support their spouse.
6. Form I-693
Form I-693, Report of Medical Examination and Vaccination Record, must ensure the foreign spouse meets the health-related residency requirements. A USCIS-approved civil surgeon must complete this medical examination to identify any infectious diseases or health issues that could impact the adjustment of status for the spouse of the green cardholder.
7. Optional Forms
Foreign spouses can also file Form I-765, Application for Employment Authorization, to obtain a work permit while their adjustment of status application is pending. Additionally, filing Form I-131, Application for Advance Parole, allows the foreign spouse to travel abroad without jeopardizing their pending adjustment of status as the spouse of a green card holder.
With all the paperwork ready, it’s time to discuss the next crucial step: the biometric appointment.
Also Read: I-485, I-130, I-864, and I-765 Forms Experience for Green Card Through Marriage
Biometric Appointment
After submitting the application package, the foreign spouse will receive a notice for their biometric appointment. This is a necessary step in the adjustment of status process for the spouse of the green card holder and involves collecting fingerprints, photographs, and other identifying information.
- Scheduling
USCIS typically schedules the biometric appointment within 4-8 weeks of receiving the application. The appointment notice will include the date, time, and location of the appointment.
- Appointment Process
The foreign spouse will be fingerprinted at the appointment, and their photograph will be taken. These biometrics are used to run background checks with the FBI and other agencies. The adjustment of status for the spouse of a green cardholder process can only move forward with completing the biometric appointment.
Planning for such crucial steps without stress can be facilitated by consulting the professionals at Khandelwal Law.
Up next is the adjustment of status interview, a critical moment where you’ll have the chance to prove the authenticity of your marriage further.
Also Read: Green Card Application Fee for Spouse: A Step-by-Step Breakdown
Adjustment of Status Interview
The interview is a significant part of the adjustment of status process for the spouse of a green cardholder. During this interview, USCIS officers will ask questions to verify the legitimacy of the marriage and assess the foreign spouse’s eligibility.
- Interview Notice
The interview notice is typically sent months after the biometric appointment. It will specify the date, time, and location of the interview. Both spouses must attend the interview and bring supporting documents, such as joint leases, financial records, photos, and any updated information related to their marriage.
- Purpose
The purpose of the interview is twofold: to ensure that the marriage is genuine and to assess whether the foreign spouse is eligible for permanent residency. Officers may ask questions about the couple’s relationship history, daily life, and plans to determine if the marriage is in good faith.
- Post-Interview
Following the interview, the officer will either approve the adjustment of status for the spouse of the green card holder, request more information, or issue a denial. If the application is approved, the foreign spouse will receive their green card in the mail. If further information is needed, USCIS may issue a Request for Evidence (RFE).
While waiting for a decision, you might wonder about your ability to work or travel—here’s what you need to know about employment and travel authorization.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
Travel and Work Authorization
While waiting for the status adjustment for the green cardholder’s spouse to be processed, the foreign spouse may want to work or travel outside the U.S. To do so legally, they must apply for employment and travel authorization.
- Advance Parole Travel
Traveling outside the U.S. without advance parole can result in the abandonment of the adjustment of status for the spouse of a green cardholder’s application. To avoid this, the foreign spouse can file Form I-131 to obtain advance parole. This document allows them to travel abroad and return to the U.S. without risking their pending application.
- Employment Authorization
Foreign spouses can file Form I-765 to obtain an Employment Authorization Document (EAD), allowing them to work legally while waiting for their green card. EAD processing typically takes 3-6 months, but it enables the spouse to gain employment and establish financial independence.
Expert advice from Khandelwal Law can be instrumental for a seamless application for advance parole or work authorization.
Furthermore, you must know how to respond to requests for evidence to ensure the application is completed on time.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Responding to Requests for Evidence (RFE)
If USCIS requires additional documentation or clarification during the adjustment of status process for the spouse of a green card holder, they will issue an RFE. Responding promptly is essential to ensuring the application is completed on time.
- Understanding RFEs
An RFE is not an indication of a failed application. Instead, it means that USCIS needs more information to decide. Common reasons for an RFE include insufficient financial evidence (Form I-864), missing documentation proving lawful entry, or incomplete medical examinations (Form I-693).
- How to Respond
When responding to an RFE, providing clear, organized, and complete information is crucial. Submitting the requested documents within the provided timeframe (usually 30 to 87 days) is essential to ensure timely adjustment of status for the spouse of a green cardholder application process.
Conclusion
Adjusting the status of a green cardholder’s spouse is a comprehensive process that requires careful preparation and attention to detail. Each step is critical in ensuring a successful application, from gathering documentation to attending the biometric appointment and interview. By following the correct procedures and staying organized, the foreign spouse can successfully transition to becoming a lawful permanent resident of the U.S. If there are any complexities or uncertainties, consulting an immigration attorney can help navigate the process smoothly.
For expert legal assistance, consider contacting Law Offices of Sweta Khandelwal, located in the Bay Area, California, which specializes in immigration law and offers comprehensive services for family and business immigration matters.
Led by Sweta Khandelwal, a seasoned immigration attorney with over 18 years of experience, the firm provides guidance on adjustment of status for spouses of green card holders, green card applications, visas, and more.
Reach out today for professional support throughout your immigration journey.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
