MARRIAGE AND ADJUSTMENT OF STATUS
JUST MARRIED
Planning to bring your spouse to the U.S.?
Confused by different advice from relatives, social media, and the internet?
CONGRATULATIONS! If your spouse is already in the U.S. on a valid visa, Adjustment of Status may be the first legal step toward permanent residence
If your spouse is not in the U.S. , you may want to learn more about I-130 Alien Relative Petition instead.
Immigration Law Is Always Changing,Careful Planning Matters More Than Ever
Before filing, it’s essential to understand the specific circumstances of your situation. Always evaluate your case details carefully, and consider scheduling an in-person consultation in our office to receive tailored advice about your Adjustment of Status (AOS).
Questions Are Valid And Expected
- Which documents you need
- How arrests or criminal records might impact your case
- Tax filings
- Filing timelines
These are all valid concerns and part of preparing a safe and complete package.
What Is the AOS or I-485 Package?
The AOS (Adjustment of Status) or I-485 Package refers to a group of multiple forms filed concurrently with U.S. Citizenship and Immigration Services (USCIS) for:
- A green card
- Work authorization
- Advance parole (travel)
- Medical documentation
- Affidavit of Support
- Biometrics (fingerprints, photo, signature)
All of these components are submitted as one complete package to the Department of Homeland Security (DHS).
Why Legal Representation Makes a Difference
The biggest difference between filing Pro Se (on your own) and filing through our office as your legal representatives is this:
When we represent you, we file a Form G-28, the Attorney or Accredited Representative Form. This allows USCIS to send all correspondence, including:
- Interview notices
- Appointment letters
- Requests for Evidence (RFEs)
to both you and our office. This makes your case procedurally safer, as the risk of lost notices or missed responses is greatly reduced.
A Word of Caution
Although USCIS publishes information online, the site is not always up to date. We advise against relying solely on online case updates or instructions when making important immigration decisions.
Filing the Adjustment of Status Package
When filing the AOS/I-485 package with DHS:
- All forms must be filed together, not separately.
- Correct personal documentation must be attached.
- Original signatures and proper fees are required.
What Happens After Filing?
1. Receipt Notices (Approx. 1 Month After Filing)
If your package is accepted, you will receive four separate receipts within approximately one month.
2. Biometrics Appointment (Approx. 2 Months After Filing)
About two months after filing, you’ll receive a biometrics appointment notice. This is for fingerprinting, photos, and verification.
3. RFEs (If Issued)
USCIS may request more information by issuing a Request for Evidence (RFE). Do not panic — but respond before the deadline. Even though you’re given a specific date, it’s always better to respond as soon as possible.
4. Work and Travel Documents (Approx. 4 Months After Filing)
Around four months after filing, you should receive a combined EAD/Advance Parole Document in the mail. This very important document allows you to:
- Work legally in the U.S.
- Travel internationally if eligible
- Apply for a Social Security card
The Section 245 Marriage Interview
Depending on how busy your local USCIS District Office is, your Section 245 interview may be scheduled 2 to 8 months after filing.
This is the marriage-based interview where:
- You and your spouse appear in person
- You are interviewed by an Immigration Officer (ISO)
- The officer evaluates the bona fides of your marriage
You must bring:
- All original documents
- Copies of supporting materials
- Updated information, if applicable
After the Interview
If everything goes well and your background checks are cleared:
- You may be approved for your I-551 (Green Card).
If more information is needed:
- You may receive another RFE, requesting additional documentation.
- You may be scheduled for a Stokes Interview, a more intensive, taped interview used when Homeland Security suspects marriage fraud.
After Approval
Congratulations! If your case is approved, your green card will arrive by mail within 2 to 4 months. USCIS is implementing a Card Delivery Protocol, which may require that the card be signed for upon delivery due to past issues with lost cards.
Conditional vs. Permanent Green Card
- If you were married less than 2 years at the time of your interview, you will receive a 2-Year Conditional Permanent Resident Card.
- If married 2 years or longer, you will receive a 10-Year Permanent Resident Card.
Either way, this marks a significant step forward in your journey toward permanent residency and future U.S. citizenship.
What Comes Next
You may apply for U.S. citizenship:
- After 3 years, if still married
- After 5 years, if divorced
If you received a 2-year conditional card, don’t forget:
- You must file Form I-751 to Remove Conditions before the card expires.
- Missing this deadline may result in a Notice to Appear (NTA) for removal proceedings.
Let’s Talk About Your Case
This overview is not legal advice. It’s always best to take a few minutes out of your day and meet with us for a free, individualized consultation. We’ll walk you through your options and help ensure nothing important gets overlooked. Good luck!
