When seeking to adjust your status based on marriage to a U.S. citizen or lawful permanent resident, the documentation you provide is critical. Adjustment of Status (AOS) allows eligible individuals to become lawful permanent residents (green card holders) without leaving the United States. While the process might seem straightforward, many individuals mistakenly assume they can handle it themselves. However, the complexities of the law make it beneficial to work with an attorney who can guide you through the nuances, increasing your chances of success.
Here’s a breakdown of the essential evidence required and why professional legal guidance is highly recommended.
1. Proof of a Bona Fide Marriage
The core of an AOS application based on marriage is proving that your relationship is genuine. U.S. Citizenship and Immigration Services (USCIS) is vigilant in screening for fraudulent marriages, so providing comprehensive evidence is crucial. Required documents include:
- Marriage Certificate: The official government-issued certificate proving the legality of your marriage.
- Joint Financial Accounts: Bank statements, insurance policies, and tax returns showing both spouses as joint account holders.
- Property Ownership or Lease Agreements: Documents that prove shared residence, like a mortgage or lease signed by both parties.
- Photos Together: Pictures from different phases of your relationship, including family gatherings, vacations, and special events.
- Affidavits from Friends and Family: Testimonies from people close to you who can vouch for the authenticity of your relationship.
Providing these documents might seem simple, but USCIS officers often look for subtle inconsistencies or missing details that could raise red flags. An attorney can help ensure that your evidence package tells a compelling, well-organized story of your relationship, leaving less room for doubt.
2. Proof of Legal Entry
Typically, AOS applicants must prove they entered the U.S. legally. This is demonstrated by providing:
- I-94 Arrival/Departure Record: This shows your legal admission into the U.S.
- Visa Stamp: A copy of the visa used for entry.
- Passport Pages: Copies of your passport showing biographical details and your U.S. entry stamps.
However, not everyone has a legal entry. If this applies to you, it’s essential to know that there are exceptions under certain provisions like 245(i) or Parole in Place (PIP). These allow some individuals who entered without inspection to still apply for adjustment of status. Navigating these exceptions can be complex, and filing the wrong forms or missing key deadlines could result in a denial or even removal proceedings. Consulting with an attorney ensures that you explore all your options and properly file under the correct category.
3. Proof of U.S. Citizenship or Lawful Permanent Residency of Your Spouse
Your spouse must prove their U.S. citizenship or green card status. Documents that can be used include:
- U.S. Passport: A copy of their valid passport.
- Naturalization Certificate: If they became a citizen through naturalization.
- Green Card: If they are a lawful permanent resident.
It’s important to provide clear, legible copies of these documents. Mistakes or unclear copies can lead to delays or requests for additional information, prolonging the process unnecessarily.
4. Form I-130, Petition for Alien Relative
The Form I-130 is essential for establishing your relationship to the U.S. citizen or LPR spouse. It must be supported by:
- Marriage certificate.
- Termination of previous marriages (if applicable), such as divorce decrees or death certificates.
Filing this form correctly is critical, as it establishes the foundation of your eligibility. Even minor mistakes on the I-130 can lead to rejection or significant delays, underscoring the need for professional assistance.
5. Form I-485, Application to Adjust Status
Alongside your Form I-130, you’ll need to file the I-485, which is the formal application to adjust your status to permanent resident. Supporting documents include:
- Passport-style Photos: Photos that meet USCIS guidelines.
- Form I-864, Affidavit of Support: A declaration from your spouse (or a joint sponsor) that they will financially support you to prevent you from becoming a public charge.
- Medical Examination (Form I-693): A USCIS-approved medical exam to confirm that you meet the health-related requirements.
Given that missing or incorrect documents can lead to delays or denial, working with a lawyer can streamline the process by ensuring that everything is complete and accurate from the start.
6. Proof of Termination of Previous Marriages (if applicable)
If either spouse has been married before, proof of legal termination of those marriages is required. This could include:
- Divorce Decree: A final divorce judgment.
- Death Certificate: If a previous spouse has passed away.
Failing to provide this documentation could result in a denial of your application, so it’s vital to ensure everything is in order.
7. Proof of Moral Character
To qualify for adjustment of status, you must show that you are of good moral character. Evidence might include:
- Police Clearance Certificates: Especially if you have lived in the U.S. for a long time or have any history with law enforcement.
- Court Records: If applicable, certified copies of court dispositions for any previous criminal charges.
This can be one of the more complex areas to navigate, particularly if you have any past convictions. A lawyer can help you understand whether any past issues might affect your eligibility and how best to address them.
Why You Shouldn’t Go It Alone
While it may seem tempting to handle the AOS process yourself, immigration law is full of nuances and pitfalls that can lead to delays, denials, or worse. An attorney can:
- Help you gather and organize evidence in a compelling way.
- Ensure that you qualify under all legal exceptions, such as 245(i) or Parole in Place, if applicable.
- Catch small mistakes that could lead to major issues.
- Provide guidance on how to address any complications, such as past criminal convictions or illegal entry.
USCIS can be unforgiving when it comes to incomplete or incorrect applications, and making one mistake could set you back months or even years. By working with a legal professional, you increase the likelihood of a successful outcome while minimizing stress and uncertainty.
Conclusion
Gathering the necessary evidence for your Adjustment of Status based on marriage is critical, and while it can be done on your own, the stakes are high. A well-prepared case, backed by professional legal guidance, can save you time, reduce stress, and improve your chances of success. If you’re considering applying for AOS, it’s worth consulting with a lawyer to ensure that your application is both thorough and complete.
For assistance with your application, visit The Grande Law Firm for personalized support throughout the process.
