Regarding the delay of adjustment of status by marriage Once you submit the application it varies according to each situation, because your situation is not the same as that of other people who applied for the same adjustment of status, since many factors affect that can make time take longer in some cases than in others.
The delay in adjustment of status for marriage
The delay in adjustment of status by marriage it can be due in most cases to incomplete procedures needed to change status, for example:
- It is important that you clearly show the authenticity of the marriage, since otherwise the process will be delayed and you will even be denied the green card.
- The consulate may have more questions to ask you, so try to present all the information that is required to avoid delays.
- The delay may be because you cannot interpret the requirements, therefore it is best that you look for a lawyer who is experienced in immigration law, you can find lawyers with affordable fees who understand the process and will help you simplify the process so that you can quickly change status.
- In general, the delay of the American residence by marriage is usually one and a half years.
- The year and a half can be extended depending on whether you are in the country or outside of it.
- It also depends on the sponsor and their financial status.
- You must present all the documentation correctly to avoid delays, since the documentation is archived and should not present any errors, otherwise your application will be rejected.
- If the wait extends over a year and a half, as a spouse you can have the US citizen contact a state representative to help you speed up the process.
- If you are doing the procedure at a foreign consulate, the delay is usually one year from filing the petition to receiving the immigrant visa. However, the delay may vary according to each consulate.
On the other hand, you should keep in mind that if you marry a US citizen you will not be eligible for US citizenship instantly, however you may be eligible to receive a US green card that will help you receive US citizenship.
Marriage Adjustment of Status Application Process
To avoid delays, follow these steps for the adjustment of status by marriage:
- Being the spouse of a US citizen you will be an immediate relative according to what the immigration law indicates.
- Your spouse, being a US citizen, will start the process for you by submitting a visa application with the I-130 form and submit it to the United States Citizenship and Immigration Service, whose acronym is USCIS.
- You will accompany the form with the evidence of marriage, for example the marriage certificate as proof that the marriage is in good faith and is not false.
- If as an immigrant you live loyally in the United States, that is, you entered with a visa or the visa waiver program and did not enter just to get married, you can adjust status.
- AOS, is the adjustment of status as a process for applying for the green card and without leaving the United States you send the required documents and attend the interview at the UISCIS office without waiting for the approval of the I-130 form.
- If you live abroad, you will wait for the I-130 form to be approved and you will get more information at NVX, the National Visa Center and the local US consulate.
- The consulate will call you for an interview to approve your immigrant visa. With this visa you will be able to enter the United States and you will become a permanent resident.
- If you live in the United States because you entered illegally, you should consult an immigration attorney, as you will not be able to adjust your status unless you are among the few who have adjusted to the old laws.
- However, if you leave the United States to process the adjustment with a United States consulate, you may be declared inadmissible for your illegal stay and you will not be able to return to the United States for 3 or 10 years depending on the number of days of your illegal stay.
- Despite marrying a US citizen, you may be considered inadmissible due to having committed a crime, you suffer from a mental or physical illness.
- In any case, as the spouse of a United States citizen, you do not have to wait five years after you have the green card to be able to apply for citizenship from the naturalization process.
- Wait three years after receiving the green card to apply for citizenship if you are still married and living with your spouse,
- In turn, you must have lived in the United States for three full years and are still living when you apply.
- You must meet the good moral character required as criteria for the approval of your application.
- You must pass the US civics test.
- You must know how to speak, write and read English perfectly.
- You will have to go to the interview at the USCIS office where your application will be reviewed and you will take the civics and English skills tests.
Anyway, even if you have fulfilled all the steps and requirements, keep in mind that if you marry a US citizen, you do not get any guarantee that you will be granted US citizenship or a green card, since all applications are reviewed very carefully. especially when that citizenship request is made through marriage.
What is adjustment of status?
Adjustment of status is a process from which you submit the application for a legal permanent resident or green card while you are present in the United States, which means that you do not need to return to your country to complete the process, but to guide yourself, follow these steps:
- Check if you are eligible to get a green card.
- File the immigration petition.
- Check visa availability.
- File Form I-485.
- Make your appointment at the application support center.
- Go to the interview.
- If applicable, you must respond to the request for attached evidence.
- Check the status of your case.
- Then you will receive a decision.
Adjustment of status visa B1 B2
If you enter the United States temporarily, either for business or for pleasure, to receive medical treatment you must meet certain requirements to have a United States visitor visa. A visitor visa is a non-immigrant visa valid for temporary stays in the United States.
B1 visa
The B1 visa is the business visitor visa. You can request it if you have plans to travel to the United States to attend a seminar, a business convention, if you plan to negotiate a contract, if you need to meet with business partners or if you want to buy or sell a property.
Visa B 2
The B2 visa is the visa you need for a pleasure trip to the United States, to receive medical treatment.
It is the visa you need to apply for when you want to visit your relatives or friends, if you want to make a trip to the United States as a tourist, if as a fan you want to attend a musical or sporting event without your presence being the reason for a payment.
Adjustment of status for marriage time
Adjustment of status for marriage can have a waiting time of between 4 to 8 months as long as you meet all the requirements, otherwise if you do not have all the necessary documents, you can be denied the adjustment for many reasons.
Requirements for adjustment of status by marriage
- The spouse must be a permanent resident or citizen of the United States.
- Submit the signed form I-130 and with the corresponding fee.
- Copy of the civil marriage certificate.
- Copy of all documents that indicate that there are no previous marriages.
- Passport-type photos of both spouses.