Adjustment of status by marriage to permanent resident: what steps should I follow?

When two people decide to unite their lives in marriage, new opportunities and life projects open up. In addition, if they belong to different countries, the need arises to understand and navigate the complex process of obtaining permanent residency by marriage.

In this comprehensive guide, Jaskot Law will not only provide the detailed steps, but also the eligibility requirements, the benefits that come with this status, and all relevant information to help you take the first step in this process with confidence.

What is adjustment of status by marriage to permanent resident?

Adjustment of status by marriage to a permanent resident allows international couples to change the immigration status of the foreign spouse to obtain permanent residence in the resident spouse’s country. This creates a crucial path to stability and life together in the place of their choice.

Eligibility requirements for adjustment of status by marriage to permanent resident

To be eligible for permanent residency by marriage, there are certain criteria that must be met. Among the most important are:

• Valid marriage: You must be legally married to a citizen or permanent resident of the country in which you wish to obtain residency.
  
• Genuine relationship: the U.S. Citizenship and Immigration Services (USCIS) will evaluate the authenticity of your relationship. You must demonstrate that your marriage is genuine and not just a means to obtain permanent residence.
  
• Comply with the laws: Both spouses must comply with the laws of the country in which they are applying for permanent residence.

Meeting these requirements is crucial to be able to apply for adjustment of status and enjoy a new future in the United States. Jaskot Law understands this, so we can help you ensure that you have everything in order to start the process.

Benefits of permanent residency by marriage

Among the frequently asked questions about obtaining adjustment of status by marriage to a permanent resident, there is often a question about the significant benefits it offers. The following are the most important ones:

Right to reside: You will have the legal right to live permanently in the country without time restrictions.

Right to work: You will be able to work in any job of your choice without the need for additional permits.

Access to social benefits: You will be able to access social services and benefits, including medical care and education.

Eligibility for citizenship: After a certain period of time, you may be eligible to apply for citizenship.

Essential documentation to obtain permanent residence by marriage

When applying for adjustment of status by marriage to a permanent resident, it is essential to submit the correct and complete documentation. Among the documents required are the following:

• Form I-130 (Petition for Alien Relative): This form is used to establish the relationship to the U.S. citizen or permanent resident spouse.
  
• Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is used to apply for adjustment of status and to obtain permanent residence. It is one of the most essential for this process.
  
• Form I-864 (Affidavit of Financial Sponsorship): This form is filed by the sponsor (citizen or permanent resident) and demonstrates that they have the financial means to support the petitioning spouse.
  
• Financial documents: These include the most recent tax returns, proof of employment, and any other financial evidence that demonstrates the sponsor’s ability to provide financial support.

Remember that submitting all documentation correctly and completely is crucial to increase the success rate of your case. Do not hesitate to contact Jaskot Law for the guidance you need in this complex process.

Steps to apply for adjustment of status by marriage to a permanent resident

As in any immigration process, there are also a series of steps to follow in order to apply for and obtain permanent residency by marriage. The essential steps are as follows:

Step 1 – File Form I-130: The citizen or permanent resident spouse must file Form I-130 to establish the relationship with the alien spouse.

Step 2 – Wait for Form I-130 Approval: Once approved, the case will be sent to the USCIS Field Office.

Step 3 – File Form I-485: Once at the Field Office, the alien spouse must file Form I-485 to adjust status and obtain permanent residence.

Step 4 – Immigration interview: Both spouses must attend an interview with the immigration authorities to prove the authenticity of their marriage.

Step 5 – Wait for the decision: After the interview, a decision on the adjustment of status application a decision.

Step 6 – Obtaining permanent residency: Once approved, the foreign spouse obtains permanent residency and can enjoy all associated rights and benefits.

Differences between adjustment of status by marriage to a permanent resident and to a foreign national

In addition to adjustment of status by marriage to a permanent resident, adjustment of status may also be applied for by marriage to a foreigner. Therefore, it is essential to understand some of the differences between each of these processes:

	Marriage to a permanent resident	Marriage to a foreigner
Processing time	Generally, analysis and processing is faster.	Processing may take longer.
Documentation requirements	The requirements in both cases are similar, but may vary depending on the laws of the country.
Eligibility for citizenship	Increases the probability of being eligible due to the kinship relationship.	It may take longer to verify eligibility due to stricter regulations.
Travel restrictions	Fewer restrictions are imposed on foreign travel.	Stricter travel restrictions may apply.
Employment rights	The work permit is easier to obtain.	Additional paperwork and permits may be required to obtain the permit.

These differences can cause confusion and uncertainty for applicants. If you still have doubts, consult Jaskot Law, since we will be able to help you eliminate any presence of doubt and give you the peace of mind you need.

Conclusion

In summary, obtaining adjustment of status by marriage to a permanent resident is a significant and exciting step in a couple’s life. By understanding the requirements, benefits, and necessary documentation, you can approach this process with confidence.

Remember that authenticity and honesty are key to success in your application for permanent residency by marriage. For this reason, you can count on the advice and great experience of the specialized team of lawyers at Jaskot Law. Do not hesitate to contact us!

Sources

U.S. Citizenship and Immigration Services (USCIS)

Form I-130 (Petition for Alien Relative)

Form I-485 (Application to Register Permanent Residence or Adjust Status)

Form I-864 (Affidavit of Financial Sponsorship)

Frequently Asked Questions