Adjustment of Status after Marriage

The I-485 This is the most comprehensive of immigration forms as it grants a green card and eventually complete citizenship. Citizenship is a lengthy process, also known as naturalization. Once complete, your wife can become a host for her family to apply for citizenship and come to the US as well. This process takes a tremendous amount of time but for those wishing to make a better life for themselves and their new in-laws, it is good to know this ability and right is present.

The adjustment process should be filed for as soon as possible after marriage. There is no time limit or deadline, just as quickly as you can get everything completed and sent in is all the USCIS instructs. It is recommended to keep a copy of the executed marriage license in your spouses passport until you have received a receipt from USCIS for your application. (Usually this will arrive in 10-20 business days after filing).

There is no “stamp” or other official document for your spouses passport or K1 visa. The K1 Visa will expire in 90 days after arrival, and only marriage within that time grants legal right to be in the US. This is why filing for the adjustment of status is an important and pressing matter after marriage. Recent changes in the USCIS procedures have combined forms and filing costs to make things move a little quicker during the waiting period. This means your spouse will be waiting up to 18 months for an interview to get a temporary green card, but your spouse can get a work permission and advanced parole document within a few months. (These documents also act as proof of legal status in the US). Your spouse may become anxious about not having something to present as “current” proof of status.

The complete package requires the following forms:

• I-485,Application to Register Permanent Residence or to Adjust Status
• G-325ABiographic Information
• Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
• I-864,Affidavit of Support
• I-693,Medical Examination of Aliens Seeking Adjustment of Status
• All required supporting documentation as listed on the above forms.

Money $aving Note: If your spouces medical examination for their Fiance Visa was done in the last year, they DO NOT need to go through the entire exam again.

They only need to include an immunization update in their package. This will still require a visit to the Designated Civil Surgeon, but the cost for an update is MUCH less than a full examination. The Surgeons will not tell you these facts as they see many immigration physical patients with differing needs. Your wife’s immunization record will also need to be translated into English before your visit. Official translations from Russian to English can be purchased online through our partner website at American Experience: Click here for information on Professional Document Translation

About Advanced Parole

Application for Travel Document also known as Advanced parole can become a vital document should your spouse wish to return home during the waiting period. This could be a vacation or an emergency situation requiring short notice travel plans. For this reason, it is highly recommended that you obtain the travel document even if plans to return home are not likely. Here is why: The Fiance Visa is a single entry Visa, meaning once your spouse exits US Borders, they cannot return without a different kind of visa showing permission to enter. A pending case will not be accpeted by border officials. Even a cruise into international waters can present the same scenario on return.

Note: If your wife leaves the US without a travel document, it will be viewed as abandonment of her adjustment of status Case. Correcting this issue will have to be done from her home country and can be very difficult to resolve. In essence her sponsor would have to apply for the travel document and she would receive it in her home country. A biometric interview (for fingerprinting) would also be required at the local embassy. As you can imagine this would become an expensive and frustrating situation for any newly married couple.