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ADJUSTMENT OF STATUS THROUGH MARRIAGE

Getting a marriage-based green card through adjustment of status lets a foreign spouse living in the United States apply for a green card through marriage to a U.S. citizen (or lawful permanent resident, on some occasions), without leaving the country. Couples in Chicago and the surrounding suburbs use this process to get permanent residency based on a real, bona fide marriage.

What This Guide Covers:

• Eligibility for marriage-based adjustment of status
• Required forms and supporting documents
• Step-by-step process for filing in the U.S.
• How to prepare for the green card interview
• Common problems and tips for success

Who Qualifies for Marriage-Based Adjustment of Status in Chicago?

Eligibility Criteria for Marriage-Based Adjustment of Status – 8 C.F.R. § 204.2

To be eligible for marriage-based adjustment of status, most applicants must show:

1. Valid marriage: You are legally married, and the marriage is bona fide, meaning it was entered into in good faith and not solely for immigration purposes.
2. Qualifying petitioner: Your spouse is a U.S. citizen or lawful permanent resident. Different timing and eligibility rules apply to spouses of permanent residents, so strategy matters.
3. Lawful entry: You were admitted or paroled into the United States (for example, with a visa or through the Visa Waiver Program). In most cases, someone who entered without inspection cannot adjust status based on marriage alone.
4. Review of immigration history: Some past overstays and unauthorized employment can be forgiven for spouses of U.S. citizens, but other violations—such as prior fraud, removal orders, or certain unlawful entries—may require a waiver or make you ineligible.
5. No unwaived inadmissibility: You are not inadmissible to the United States for criminal, immigration, health, or other reasons, or you qualify for a waiver where one is available.

What Forms and Documents Do We File for Marriage-Based Adjustment of Status?

Required Forms and Supporting Documents – 8 CFR § 204.2 (B)

To apply for marriage-based adjustment of status, the following forms and supporting documents must be submitted to United States Citizenship and Immigration Services (USCIS):

1. Form I-485 (Adjustment of Status): Main application for the foreign spouse’s green card.
2. Form I-130 (Petition for Alien Relative): Filed by the U.S. citizen or LPR spouse to prove the qualifying relationship.
3. Form I-130A (Spouse Beneficiary): Biographic information about the foreign spouse.
4. Form I-864 (Affidavit of Support): Shows the petitioning spouse can support the foreign spouse financially.

5. Form I-693 (Medical Exam): Sealed exam from a USCIS-approved civil surgeon.

6. Form I-131 (Advance Parole, optional): Travel permission while the I-485 is pending.

7. Form I-765 (Work Permit, optional): Employment authorization while the I-485 is pending.

In addition to the required forms, the applicant must submit supporting documents such as:

1. Proof of spouse’s citizenship or permanent residence.
2. Marriage certificate and prior divorce decrees, if any.
3. Passport photos.
4. Evidence the marriage is real (see “Proving the Bona Fide Nature of the Marriage” below).

What Is the Step-by-Step Process for a Marriage-Based Green Card?

 Step-by-Step Process for a Marriage-Based Green Card

The marriage-based green card application process generally involves the following steps:

1. Gather required forms and supporting documents: Collect all necessary forms and documents mentioned in the previous section. Ensure that you complete each form accurately and gather all required supporting documentation.
2. File the I-130 and I-130A: The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, and the foreign spouse must complete Form I-130A, Supplemental Information for Spouse Beneficiary. These forms can be filed together with the I-485 or separately.
3. Submit the I-485 application package: File Form I-485, Application to Register Permanent Residence or Adjust Status, along with all required supporting documents and applicable fees. If you choose to file Forms I-131 and I-765 for travel and work authorization, include them in the same package.
4. Attend the biometrics appointment: After filing the I-485, the applicant will receive a notice for a biometrics appointment. Attend this appointment to have fingerprints, photographs, and signatures taken for background checks and document processing.
5. Receive work and travel authorization: If you applied for work and travel authorization using Forms I-131 and I-765, you should receive your Employment Authorization Document (EAD) and Advance Parole (AP) within 90 to 180 days from the date of filing.
6. Prepare for the green card interview: USCIS will schedule an interview for the applicant and their U.S. citizen spouse. Use this time to gather additional supporting documents and prepare for potential interview questions.
7. Attend the green card interview: Both spouses must attend the interview at the designated USCIS office, usually the USCIS Chicago Field Office at 101 W. Ida B. Wells, if you live in the Chicago area. During the interview, a USCIS officer will assess the validity of your marriage and your eligibility for adjustment of status.
8. Receive the decision: After the interview, USCIS will make a decision on your adjustment of status application. If approved, the applicant will receive their green card, granting them permanent residency in the United States.

How Should We Prepare for the Marriage Green Card Interview?

Preparing for the Green Card Interview

At the Chicago USCIS Field Office, officers review your forms, documents, and your story as a couple. To prepare:

1. Organize your documents: Bring all original documents and copies to the interview, including the marriage certificate, proof of the U.S. citizen spouse’s citizenship, and any other documents you submitted with your application.
2. Review your application: Familiarize yourself with the information you provided on your I-485, I-130, and I-130A forms, as the USCIS officer may ask questions about the details.
3. Practice answering common interview questions: Research typical marriage-based green card interview questions and practice your responses. Be prepared to discuss your relationship, marriage, and plans for the future.
4. Dress appropriately: Dress professionally for the interview, as this shows respect for the process and can leave a positive impression on the USCIS officer.
5. Remain calm and honest: Answer all questions truthfully and calmly. If you do not know the answer to a question, it is better to admit that you do not know rather than providing false information.

What Are the Most Common Problems in Marriage-Based Adjustment Cases?

Possible Challenges and Tips for a Successful Application

Navigating the marriage-based green card process can be complex and challenging. Here are some potential challenges and tips to help ensure a successful application:

• • Proving the bona fide nature of the marriage: USCIS will closely scrutinize your marriage to ensure it is genuine. Provide strong evidence of your relationship, such as joint financial documents, lease agreements, photographs, and affidavits from friends and family who can vouch for the authenticity of your relationship. See section below for more details.
  • Avoiding immigration violations: Maintain lawful status where possible and do not work without authorization. Some past overstays are forgiven for spouses of U.S. citizens, but others issues can still cause problems.
  • Staying up-to-date on immigration laws and policies: Immigration laws and policies can change over time. Keep yourself informed about any changes that may affect your application and consult with an immigration attorney if you have questions or concerns.
  • Addressing potential inadmissibility grounds: If you have a criminal record, health issues, or other factors that could make you inadmissible, work with an immigration attorney to address these issues and prepare a strong waiver application, if applicable.
  • Timely and accurate filing of forms and supporting documents: Double-check all forms for accuracy and completeness before submitting your application package. Ensure that you include all required supporting documents and submit your application within any specified deadlines.
  • Maintaining patience during the process: The marriage-based adjustment of status process can be lengthy and may take several months or longer. Be prepared for potential delays and remain patient as you await the outcome of your application.

For more detail, see our guide on additional tips for a successful marriage visa case and common red flags to avoid.

What Evidence Proves Our Marriage Is Bona Fide?

USCIS looks for real-life evidence that your marriage is genuine and not entered into solely for immigration purposes. The strongest evidence shows how you live together, make decisions together, manage finances, communicate, celebrate important events, and build a future as a married couple. Below are common types of evidence USCIS reviews, with examples of what each one looks like in practice.

Proving the Bona Fide Nature of the Marriage

Establishing the bona fide nature of your marriage is a crucial aspect of the marriage-based adjustment of status process. USCIS looks for real-life proof that you live as a married couple, not just a marriage certificate. The strongest evidence includes joint finances, shared housing, travel, family events, children, ongoing communication, and shared responsibilities

Joint Financial Documents

• Joint bank accounts
• Joint credit cards
• Joint tax returns
• Shared insurance policies
• Joint loans or mortgages

Joint bank accounts: Statements from checking or savings accounts held in both spouses’ names can show shared finances over time.

Joint credit cards: Credit card accounts or statements listing both spouses as cardholders demonstrate shared financial responsibility.

Joint tax returns: Tax returns filed as married filing jointly are strong proof of a bona fide marriage and shared financial life.

Shared insurance policies: Health, life, auto, or renters’ insurance policies that list both spouses as insureds or beneficiaries show mutual financial protection.

Joint loans or mortgages: Mortgages, auto loans, or other debts in both names can be powerful evidence of long-term commitment and shared obligations.

Shared Residence

• Joint lease or mortgage
• Bills to both spouses
• Shared mailing address
• Home insurance in both names
• Photos of the home together

Joint lease or mortgage: A lease or mortgage listing both spouses as tenants or owners shows that you live together at the same address.

Bills to both spouses: Utility bills (gas, electric, water, internet, etc.) addressed to each spouse at the same address support the claim of cohabitation.

Shared mailing address: Official documents and mail, such as bank statements or government notices, delivered to both spouses at the same residence can be persuasive.

Home insurance in both names: Renters’ or homeowners’ insurance policies naming both spouses suggest shared responsibility for the residence.

Photos of the home together: Reasonable, non-staged photos taken inside the home over time can help establish that you truly live together.

Travel Together

• Joint travel itineraries
• Hotel bookings together
• Travel photos
• Passport stamps
• Tickets or boarding passes

Joint travel itineraries: Itineraries listing both spouses as passengers show trips you planned and took together.

Hotel bookings together: Hotel or lodging reservations that include both names confirm that you stayed together while traveling.

Travel photos: Photos from trips, vacations, or visits with family and friends help document your shared experiences.

Passport stamps: Stamps showing travel on the same dates or to the same destinations can corroborate your itineraries.

Tickets or boarding passes: Saved airline, train, or bus tickets and boarding passes further support evidence of joint travel.

Social and Family Integration

• Photos with family
• Invitations to events
• Affidavits from friends
• Social media appearances
• Joint community activities

Photos with family: Pictures of both spouses with each other’s relatives at holidays, birthdays, and other gatherings show integration into each other’s families.

Invitations to events: Invitations to weddings, graduations, religious ceremonies, and other events addressed to you as a couple support your shared social life.

Affidavits from friends: Sworn statements from friends or relatives describing how they know you and what they have seen of your relationship can be valuable.

Social media appearances: Reasonable screenshots of posts or photos showing you together on social media can help, if used carefully and in moderation.

Joint community activities: Evidence of participating together in clubs, organizations, volunteer work, or community events shows a shared life beyond the home.

Children Together

• Birth certificates
• Adoption or guardianship records
• School or medical records
• Family photos with children
• Parenting or support records

Birth certificates: Birth certificates listing both spouses as parents are some of the strongest evidence of a real, ongoing relationship.

Adoption or guardianship records: Legal documents showing joint adoption or guardianship of children indicate a long-term commitment as a family.

School or medical records: Records that list both spouses as parents, emergency contacts, or guardians show shared responsibility for the children.

Family photos with children: Photos of everyday activities, holidays, and special events with children help document your life together.

Parenting or support records: Documents reflecting childcare arrangements, financial support, or other parenting responsibilities can further support your case.

Communication History

• Call logs
• Text messages
• Emails
• Video or voice call records
• Cards and letters

Call logs: Phone records or screenshots showing regular calls between you over time can help document the development of your relationship.

Text messages: Screenshots or exports of text or chat conversations, especially from earlier stages of the relationship, can show how it grew.

Emails: Email exchanges discussing important events, plans, or daily life offer additional context and history.

Video or voice calls: Screenshots or logs from platforms like WhatsApp, FaceTime, or Zoom are especially helpful for couples who were long-distance at times.

Cards and letters: Physical cards, notes, or letters exchanged on birthdays, anniversaries, or difficult times can be compelling, personal evidence.

Gifts and Celebrations

• Gift receipts
• Birthday and anniversary cards
• Celebration photos
• Shipping confirmations
• Holiday documentation

Gift receipts: Receipts for gifts purchased for each other on meaningful dates can illustrate ongoing care and attention.

Birthday and anniversary cards: Cards exchanged on birthdays, anniversaries, and other important occasions help show the emotional side of the relationship.

Celebration photos: Photos from birthdays, anniversaries, graduations, and other celebrations provide visual evidence of shared milestones.

Shipping confirmations: Order confirmations or shipping records for gifts mailed between spouses, especially when they lived apart, can be useful.

Holiday documentation: Evidence of celebrating holidays together—such as photos, travel confirmations, or invitations—helps show how you spend important dates.

Joint Planning and Future Intent

• Emails about future plans
• Joint budgeting documents
• Housing or relocation plans
• Planned trips together
• Shared calendars

Emails about future plans: Messages discussing future goals, where to live, career plans, or family plans show that you see your lives together long term.

Joint budgeting documents: Spreadsheets or tools used to plan household budgets, savings, or large purchases reflect serious planning as a couple.

Housing or relocation plans: Documents about moving in together, buying a home, or relocating for work or family reasons show a shared future.

Planned trips together: Confirmations or planning documents for future travel can supplement evidence of prior trips.

Shared calendars: Screenshots or records of shared digital calendars or scheduling apps can demonstrate how you coordinate your daily lives.

Shared Responsibilities

• Household chores
• Shared purchases
• Pet care
• Bill management
• Errand coordination

Household chores: Evidence showing how you divide cooking, cleaning, or other chores can come from messages, notes, or even credible affidavits.

Shared purchases: Receipts or bank statements for shared household items, groceries, or furniture suggest a joint household.

Pet care: Adoption papers, vet records, or licenses showing both spouses involved with a pet can support the reality of your shared home.

Bill management: Records showing each spouse paying certain bills or managing accounts further confirm shared responsibility.

Errand coordination: Messages coordinating errands, pickups, or appointments may help show the everyday reality of your partnership.

Cultural or Religious Observances

• Religious services together
• Holiday photos
• Cultural events
• Wedding traditions
• Invitations addressed to both spouses

Religious services together: Programs, bulletins, or photos showing you attending services or ceremonies together can demonstrate shared religious life.

Holiday photos: Photos of you celebrating religious or cultural holidays together can be strong evidence of integration into each other’s traditions.

Cultural events: Tickets or photos from festivals, cultural performances, or community events you attend as a couple can help show shared interests.

Wedding traditions: Wedding photos or documents showing cultural or religious elements can support the seriousness and authenticity of the marriage.

Invitations addressed to both spouses: Invitations to religious or cultural events sent to you as a couple reinforce your shared social and community presence.

By being well-prepared, organized, and proactive throughout the marriage-based adjustment of status process, you can improve your chances of success and secure permanent residency in the United States. Couples in Chicago and the surrounding suburbs can benefit from consulting with an experienced immigration attorney who understands local USCIS practices.