A U.S. citizen's spouse who entered the country lawfully can usually apply for permanent residence without leaving. Lawyers call this adjustment of status. Spouses of U.S. citizens are immediate relatives, so they do not wait for a visa number in the monthly Visa Bulletin.
1. The filing package
Most couples file several forms together: the petition that proves the marriage (Form I-130), the green card application (Form I-485), the Affidavit of Support (Form I-864), and often applications for a work permit and travel permission. Filing them together is called concurrent filing.
2. Receipts and biometrics
U.S. Citizenship and Immigration Services (USCIS) sends a receipt notice for each form, with a 13-character receipt number. Some weeks later the applicant attends a short biometrics appointment for fingerprints and a photograph.
3. Work and travel documents
The work permit and travel document often arrive months before the green card decision. Travelling abroad without the travel document while the case is pending can lead USCIS to treat the application as abandoned, so we advise clients to wait for it.
4. The affidavit of support
The sponsor's household income generally needs to reach at least 125 percent of the federal poverty guidelines for the household size. If it does not, a joint sponsor can add their income.
5. The interview
Most marriage cases include an interview at a USCIS field office. The officer reviews the forms under oath and asks about the relationship.
- Bring the interview notice, passports and the original marriage certificate.
- Bring recent joint evidence: lease, bank statements, insurance, photographs.
- Answer only the question asked, and say so when you do not know.
6. The decision
If the marriage is less than two years old at approval, the green card is conditional and valid for two years. The couple then files Form I-751 in the 90 days before it expires to receive a 10-year card.