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Nicole, a citizen of Germany, has been living in the United States on an H-1B visa for the past year. Her career brought her to the U.S. where she found not only professional growth but also true love. While attending a work event in San Francisco, she met Chris, a U.S. citizen. They quickly became close, and their relationship blossomed into something serious. After a year of dating, Chris proposed, and Nicole said yes. With their wedding approaching, Nicole and Chris started discussing the next steps in their lives together, one of which was Nicole’s immigration status. They decided to pursue an adjustment of status so Nicole could obtain a green card and eventually become a permanent resident of the United States.

Understanding Adjustment of Status

Adjustment of status is a process by which an individual who is already present in the United States on a non-immigrant visa can apply to become a lawful permanent resident (LPR), commonly known as a green card holder, without having to return to their home country. For Nicole, who is currently in the U.S. on an H-1B visa, this is the most practical and convenient option. As the spouse of a U.S. citizen, Nicole is eligible to apply for her green card through marriage.

The Marriage-Based Green Card Process

The marriage-based green card process involves several steps, starting from filing the necessary forms to attending an interview with U.S. Citizenship and Immigration Services (USCIS). Here is an outline of the steps that Nicole and Chris need to take:

1. Preparing & Signing the appropriate USCIS Forms 

Chris, as the U.S. citizen spouse, should  prepare and sign the following forms:

• Form I-130 Petition for Alien Relative. This form gathers information about the US citizen and the bona-fide relationship. In this Form Chris requests to sponsor Nicole for a green card.
• Form I-864 Affidavit of Support  This Form is Chris’ binding legal commitment to financially support Nicole  in the United States.

Nicole as the foreign national, should prepare and sign the following forms:

• I-130A Supplemental Information for Spouse Beneficiary. This form requires Nicole to disclose more information about herself such as her employment history and details about her parents.
• Form I-485, Application to Register Permanent Residence or Adjust Status. This is the formal application for a green card. Since Nicole is already in the U.S. on an H-1B visa, she does not need to leave the country to apply for her green card. This is one of the key benefits of adjustment of status. This can be filed concurrently with Form I-130 or after it has been approved. The benefit of filing it concurrently is to capture the same filing date.
• Form I-765 (Application for Employment Authorization – OPTIONAL): This form allows Nicole to continue working while her green card application is pending.
• Form I-131 (Application for Advance Parole – OPTIONAL): Once approved, an advance parole will allow Nicole to travel outside the U.S. without affecting her adjustment of status application.

2.Green Card Medical Examination (for the foreign national)

Nicole will have to complete a medical examination that must be conducted  by a government-authorized doctor (also known as a civil surgeon). This exam ensures that she meets the health requirements for obtaining a green card. The results will be documented on Form I-693, and will be delivered to her in a sealed envelope which she must submit with her USCIS package.

3. Finalizing the USCIS Package

Chris and Nicole should carefully organize all the required forms and supporting documents for their USCIS package. They need to include checks for the appropriate filing fees (see below), the sealed envelope with medical exam and their passport-sized photos. Once everything is in order, they should mail our their package to the appropriate USCIS mailing address and keep copies of all documents and receipts for their records.

After submitting Form I-485, Nicole will receive a notice from USCIS for a biometrics appointment. At this appointment, Nicole will provide her fingerprints, a photograph, and a signature, which USCIS will use to conduct a background check.

5. Prepare for the Green Card Interview

USCIS will schedule an interview for Nicole and Chris. The purpose of this interview is to verify the authenticity of their marriage. The couple should prepare by reviewing the timeline of their relationship and gathering additional evidence of their life together, such as photos, joint bills, and correspondence.

6. Receive the Decision

If the interview is successful, Nicole’s green card application will be approved. Since their marriage is less than two years old, Nicole will initially receive a conditional green card, valid for two years. Before this card expires, they must file Form I-751 to remove the conditions and obtain a permanent green card.

7. Remove Conditions (if applicable)

As Nicole and Chris’s marriage is less than two years old at the time of green card approval, they must file Form I-751 to remove the conditions on Nicole’s residence before her conditional green card expires. This will grant Nicole a 10-year green card.

By following these steps, Nicole and Chris can successfully navigate the adjustment of status process, allowing Nicole to obtain her green card and live permanently in the United States with her husband.

Common Challenges and Considerations

While the marriage-based green card process seems straightforward, it is not without challenges. USCIS scrutinizes marriage-based green card applications closely to prevent fraud. Therefore, providing thorough and accurate documentation is crucial. Additionally, processing times can vary, and delays may occur if USCIS requests additional information or if there are backlogs at local offices.

It is also important to understand the impact of immigration status on work and travel. Although Nicole can file for work and travel permits while her application is pending, any lapses in these permits could affect her ability to continue working or traveling abroad.

Conclusion

For Nicole and Chris, the adjustment of status process represents not just a legal formality but a significant step in building their life together in the United States. By understanding the steps involved, gathering the necessary documentation, and preparing for the interview, they can navigate the process successfully and look forward to Nicole’s future as a permanent resident. With patience and diligence, they will soon celebrate not only their marriage but also Nicole’s green card approval, marking the beginning of their journey as a couple in the U.S.