How long does it take to adjust status after marriage?
adjustment of status processing times For instance, completing an Adjustment of Status through marriage can take 10–13 months if your spouse is a U.S. citizen, or 29–38 months if your spouse is a green card holder.
Can my spouse stay in the US while I-130 is processed?
The U.S. citizen spouse will also need to file Form I-130 Petition for Alien Relative. These two applications can be filed concurrently. If the application process is successful, the immigrant spouse will gain lawful permanent resident status, which allows them to live in the U.S. permanently.
Can I work while waiting for adjustment of status?
Can I Work During the Adjustment of Status Process? Yes, you can work in the United States while your adjustment of status application is pending if you have a valid Employment Authorization Document (EAD). You can’t work in the United States without an EAD.
Does marriage change immigration status?
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 marriage may qualify you for a green card (U.S. lawful permanent residence), and to apply for it through a process known as adjustment of status (AOS).
How long does it take to get a green card through marriage to a permanent resident?
How long does it take to get a marriage green card?
| If your spouse is a… | And you currently live… | Then you will wait about… |
|---|---|---|
| U.S. citizen | In the U.S. | 14-28 months |
| Abroad | 17-24 months | |
| U.S. green card holder | In the U.S. | 22-36 months |
| Abroad | 15-23 months |
How long do you have to stay married for green card?
Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
Can adjustment of status be denied?
Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
What is the I-130 Form for spouse?
The I-130 is the form that the U.S. citizen spouse (Petitioner) must file for their foreign national spouse (Beneficiary). Depending on the U.S. citizen’s location, the form is either filed with USCIS or at an overseas location.
What happens if I file an I-130 for a relative?
The filing or approval of this petition does not give your relative any immigration status or benefit. We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States.
How to apply for adjustment of status through marriage?
Applying for Adjustment of Status through Marriage to a U.S. Citizen Applying for Adjustment of Status requires submitting a comprehensive package to USCIS emphasizing the legitimacy of the marital relationship as well as the applicant’s eligibility for adjustment of status. The two main forms are: § I-130 – Petition for Immediate Relative
Can a spouse of an I-130 petitioner get a green card?
Filing the I-130 petition is just the first step in the family-based immigration process. It’s critical that you establish a valid spousal relationship at this point, but also again and again. USCIS officials are extra cautious granting green cards to spouses of the U.S. petitioner.
