| Most people are aware that adjustment of status to a | | | | national spouse. |
| permanent residency (aka a "green card") through | | | | The Affidavit of Support is a long term commitment |
| marriage to a U.S. citizen is one of the fastest ways | | | | by all who sign it. It is legally enforceable by the U.S. |
| of obtaining a green card in the United States. Unlike | | | | government for any means-tested public benefits |
| most other U.S. immigration matters, a foreign individual | | | | utilized by the sponsored foreign spouse. The obligation |
| can apply for a green card through marriage to a U.S. | | | | to support the foreign spouse ends when the foreign |
| citizen, assuming he or she is inside the U.S., even if he | | | | spouse becomes a United States citizen, has earned |
| or she has unlawful presence in the United States or | | | | 40 work quarters (equivalent to approximately 10 |
| has overstayed a visa. However, there are limited | | | | years of working), dies, or permanently leaves the |
| circumstances where one may not be eligible to apply | | | | United States. |
| for U.S. permanent residency through adjustment of | | | | As part of the adjustment of status process, the |
| status. | | | | foreign spouse will be allowed to apply for work |
| One is eligible to apply for a green card through | | | | authorization and advance parole while the application |
| marriage to a U.S. citizen by means of adjustment of | | | | is pending. Work authorization will give the foreign |
| status if he or she is inside the U.S. and is otherwise | | | | spouse legal authority to work in the U.S., while |
| eligible. Some individuals are not eligible for adjustment | | | | advance parole can be used to travel outside of the |
| of status. For example, the following types of | | | | U.S. while the adjustment of status application is |
| individuals are not eligible for adjustment of status in | | | | pending. If you travel outside of the U.S. while your |
| the U.S.: 1) a foreign national who entered the United | | | | adjustment of status application is pending before |
| States without being inspected; and 2) a foreign | | | | receiving advance parole, you will have abandoned |
| national who entered the U.S. as a D-1 or D-2 | | | | your adjustment application, unless you are in H-1B or |
| Crewman (there are other circumstances which may | | | | L-1 status. |
| also bar one from adjustment of status as well). | | | | After filing the applications receipt notices will be issued |
| The first stage of the adjustment of status green card | | | | by USCIS confirming receipt of the applications. In |
| process is for the United State's citizen spouse to | | | | addition, a biometrics appointment will be scheduled for |
| submit an Immigrant Relative Petition on behalf of the | | | | the foreign national spouse. There will also be a wait |
| foreign national spouse. The Immigrant Relative Petition | | | | (approximately 45-90 days) for work authorization and |
| establishes the family relationship between the U.S. | | | | advance parole. Shortly thereafter, a notice will arrive |
| spouse and the foreign spouse. | | | | scheduling an appointment for an interview, which is |
| The second step is for the foreign spouse to submit | | | | the last step of the process. |
| an Adjustment of status application either with the | | | | Many dread the green card interview, whether it's |
| Immigrant Relative Petition or after the Immigrant | | | | because of rumors heard from others, information |
| Relative Petition has been sent and/or approved. In | | | | obtained online, or just general fear of dealing with the |
| addition to the Adjustment of Status application, the | | | | government face to face. If you have entered your |
| foreign national will have to have a medical exam | | | | marriage in good faith, are well-informed regarding the |
| conducted. The medical exam must be submitted with | | | | interview process, and have all the necessary |
| the application. | | | | supporting documents, you have nothing to fear with a |
| In addition to the medical exam, an Affidavit of Support | | | | well-prepared case. It is important to work closely with |
| must also be submitted with the green card through | | | | your lawyer prior to the interview to make sure you |
| marriage application. The Affidavit of Support is a | | | | are well-prepared for the interview and that you have |
| highly important part of the application and must be | | | | gathered all the necessary supporting materials. |
| completed by the U.S. spouse regardless of his or her | | | | Assuming all has gone well at the interview, under |
| income. The idea behind the affidavit of support is that | | | | certain circumstances the foreign spouse may receive |
| the United States government does not want the | | | | an I-551 stamp in his or her passport. Regardless, the |
| foreign spouse to become a "public charge" (receive | | | | foreign spouse will receive an approval letter in the mail |
| government assistance or welfare in the United | | | | several weeks after the interview and he or she will |
| States). If the affidavit of support requirements are not | | | | also receive the green card, confirming his or her |
| met through either the sponsor or a joint sponsor, then | | | | status as a U.S. permanent resident. It must be noted |
| the application for adjustment of status will not be | | | | that if at the time of the interview the marriage was |
| approved. The affidavit of support is a legally | | | | less than 2 years old then the foreign spouse will |
| enforceable contract obligating the U.S. citizen spouse | | | | receive a conditional green card. In such a case the |
| and any joint sponsor to financially support the foreign | | | | foreign spouse will need to apply to remove the |
| spouse under certain circumstances. | | | | conditional nature of the green card 2 years after |
| If the U.S. citizen does not meet the income guidelines | | | | receiving the green card. |
| for affidavit of support, which is common, then either a | | | | In the case of a marriage green card application, it is |
| joint sponsor will be required or, in some cases, the | | | | highly important that both spouses fully understand their |
| income and/or assets of the foreign spouse can be | | | | particular case and the steps involved in the process. |
| used. The usual situation is that a joint sponsor is used | | | | Competent legal counsel is important through all parts |
| and that person also completes an Affidavit of | | | | of the application process and therefore it is strongly |
| Support application in addition to the U.S. citizen spouse. | | | | advised that you work with an attorney experienced in |
| A joint sponsor can be any U.S. citizen or permanent | | | | these matters before moving forward. A green card is |
| resident (green card holder) and he or she need not be | | | | a highly sought after U.S. immigration benefit and |
| related to either the U.S. citizen spouse or the foreign | | | | something that should be pursued with great care. |