If it is the case of marriage to a US citizen, where the alien spouse is in the United States, there is a need for an application to be filed with the USCIS lock box facility specially designed for such type of filings. Generally, it is a one-step filing process, meaning the person applies for adjustment of status, petition approval, and work authorization at the same time. The CIS issues an EAD (employment authorization document) within 90 days of application. After which, The USCIS arranges a marriage interview for the couple. This might take around 3 to 8 months, subjected to the CIS jurisdiction.
The USCIS examines all the documents of the applicant in order to determine the debonair marriage. All the Documents should be prepared for the application including: tax returns, wedding photographs, joint leases, joint bills, deeds, joint bank accounts, insurance documents where the spouse is named as the beneficiary. If the immigration officer doubts that the marriage was registered solely for immigration purpose, USCIS possibly will investigate the candidate, his home and workplace. If the marriage is not more than 2 years old during the time of approval, the issued green card will be conditional, that gets expired in 2 years. Both the applicant and spouse must file the documents for having the conditions removed within 90 days prior to green card expiration.
- An alien entering without inspection (EWI), or with any fraudulent documents, is ineligible to adjust under current immigration law.
- For a spouse or relative overstaying after his authorized period of stay with an I-94 card, one may possibly adjust in the US status even after his overstaying the visa. However, for any other family preference category, an alien candidate cannot adjust the status if he has overstayed the visa. In fact, a person overstaying his visa for 180 days or more, is barred for reentering or adjusting for three years. Also, if someone is overstaying for 365 days or more, he is barred from adjusting or reentering for 10 years.
- How much money do you need to make for sponsoring any relative? Well, all the sponsors need to submit an Affidavit of Support, I-864 form, assuring the government that one is financially capable of supporting the immigrant relative in the United States. The sponsors must earn 125% of the income level-you can check the I-864P form for all the guidelines, regarding the same.
- All the sponsors need to submit the following documents with their I-864 form.
- Proof of self-employment or current employment.Every single family-based immigration filing has its own set of unique issues. The best solution is to contact an immigration law expert for case-specific evaluation. Check ilexlaw.com for finding the best immigration services, in Washington DC.