Marriage-Based Adjustment of Status

Handled by Our Oakland Immigration Attorneys

Perhaps you moved to the United States, fell in love, and decided to marry your new partner. How does your immigration status change? A foreign national who is legally in the United States may be eligible to obtain lawful permanent resident status through marriage to a current U.S. citizen in a process called an adjustment of status. During the daunting immigration process, securing experienced legal representation can provide qualified advice that can help improve your chances of a positive outcome.

Elements to Prove Marriage-Based Adjustment of Status

One of the most important parts of a marriage-based adjustment of status is proving that the marriage is not a fraudulent union to secure Green Card benefits.

To receive a marriage-based adjustment of status, three elements must be proven:

• The marriage was valid at the time it was performed;
• The relationship between both parties is real and legitimate; and
• The marriage was not entered to secure immigration benefits.

Things that can prove a legitimate marriage include living together, photos, interviews with friends and family, love letters, joint tax filings, joint mortgages, and joint bank accounts.

Why Do You Need an Immigration Lawyer?

Applying for a marriage-based adjustment of status can be more complex than it seems. Not only do all forms and documents need to be filed on time, but the interested party will need to successfully complete an interview. Working with a trusted Oakland immigration lawyer helps manage expectations about the process and provides legal guidance on successfully completing all required elements for an adjustment of status.

Forms that need to be filed include:

• Form I-130, Petition for Alien Relative
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support

The final step of a marriage-based adjustment of status is to complete an interview with a United States Citizenship and Immigration Services (USCIS) officer who will go over the couple’s information and address any questions or concerns. When the officer believes that the marriage is real, they can issue the adjustment of status. If they think the marriage is not legitimate, they can reject the application. Put an experienced and competent lawyer on your side to ease the immigration process and help secure a favorable outcome.

Put Landerholm Immigration, A.P.C on Your Side

At Landerholm Immigration, A.P.C, we are proud to dedicate our law firm to a range of immigration cases for clients across the Bay Area. We understand that immigration issues can be complex, and navigating the system is difficult. Our Oakland immigration attorneys speak a range of languages, including Spanish, to serve our clients in a familiar language. If you or a loved one has questions about any immigration matter, including an adjustment of status, reach out to our attorneys to learn how we can help you.