How can my spouse apply for lawful permanent residency (green card) based on our marriage?
Of the three methods, adjustment of status often can be the most efficient procedure. The process is available to most foreign-national spouses who have already entered the United States lawfully. This generally means that he or she entered the U.S. with a visa, although others may qualify in certain circumstances.
The time-line for this process varies from six months to a year. Many of our clients find this process attractive because the couple can remain living together in the U.S. throughout it. Also, within just a few months of filing, the spouse is eligible to work as the case proceeds.
An additional advantage for spouses of U.S. citizens is that, if the spouse’s lawful status in the U.S. has expired, he or she remains eligible to adjust status. This is not the case for spouses of permanent residents.
An important point to remember is that the foreign-national spouse cannot travel outside the U.S. while the application is pending, without first obtaining permission. Otherwise, the application is considered abandoned, resulting in loss of the filing fees. In some cases, the spouse will be unable to re-enter the U.S. for many months, if not years.
Contact Merrick Immigration Law to speak with an experienced immigration professional and learn more about adjustment of status based on marriage.