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Marriage-based adjustment of status

We take a limited number of marriage-based adjustment of status (permanent residency/green card) cases a month. These are cases where a U.S. citizen can sponsor their immigrant spouse as long as their immigrant spouse entered the United States legally. In these types of cases, the U.S. citizen spouse can file the I-130 Family Petition for their spouse and their spouse can simultaneously file the I-485 Application to Adjust Status to Permanent Residency.

Proving a "good faith" marriage and working with us on your marriage case

For marriage cases to be successful, the couple must prove to U.S. Citizenship and Immigration Services that their marriage was entered into in good faith and they have a bona fide relationship. To do this, lots of supporting evidence must be submitted such as proof of joint bank accounts and/or credit cards, joint health/auto insurance, leases/mortgages with the names of both spouses, utility bills with the names of both spouses, pictures of the couple together, and any other evidence proving that a true marital relationship exists.

 

When we are retained for a case, we will give you a questionnaire to complete that asks for all of the required information to fill out the necessary immigration forms for a marriage-based adjustment of status case as well as a document checklist that asks for the couple to provide with all of the supporting documents required for the case. For example, in addition to the documents described above proving a bona fide marriage exists, many identity documents are required such as proof that one spouse is a U.S. citizen, the immigrant spouse's birth certificate, a copy of the marriage certificate and other documents.

Fees for marriage-based green cards

Our fee for a marriage-based adjustment of status case is $4,000 and does not include the government filing fees that must be paid to U.S. Citizenship and Immigration at the time the case is filed. The government filing fee for the I-130 Family Petition is $535 and the government filing fee for the I-485 Application to Adjust Status to Permanent Residency is $1,140. These must be paid to the U.S. Department of Homeland Security and sent in with all of your immigration forms and supporting evidence.

 

When an immigrant applies for adjustment of status through marriage to a U.S. citizen spouse, they are allowed to apply for an Employment Authorization Document (work permit) at the same time by filing an I-765 Application. There is no additional filing fee for this application and we include preparing and filing and filing this application as part of our marriage-based adjustment of status package for no extra fee.

Work permits and travel authorization for marriage cases

The immigrant can also apply for a travel document known as Advance Parole when they apply for marriage-based permanent residency. Again there is no additional filing fee and we include preparing and filing this application as part of our marriage-based adjustment of status package for no extra fee. The immigrant must be in the United States at the time they apply for adjustment of status and absolutely cannot leave the country until they receive their Advance Parole document or their case is completed. If the immigrant leaves the United States without Advance Parole while their adjustment of status case is pending, their case is deemed abandoned and they may be unable to reenter the country.

 

The couple may be scheduled for an interview before U.S. Citizenship and Immigration Services to go over their case and eligibility. Our $4,000 fee includes attorney representation at the interview, and we will prepare for you for the interview a week before it's scheduled.

 

If you need help filing a marriage-based adjustment of status case, please call our office or email us to schedule a consultation.

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