Marriage-based adjustment of status is, for an immigration attorney, one of the bread-and-butter areas of the practice, but for a person who is just getting his or her first taste of the immigration system, it can be very confusing. Before deciding whether this is a process you can or should take on yourself, answer a few questions. Answering "yes" to any of these means you should talk to an immigration attorney before proceeding; even if you answer "no" to all of them, I still think you should talk to an attorney, for your own peace of mind--anything can go wrong, and probably will, and many people find that it's better to do the process right once than to miss something that derails the whole case. But my goal here is to shed some light on this process, not to make you feel like it's a great mystery, so without further ado: 1. Did you enter with a crewman's visa, a J1 visa, or a visa that doesn't belong to you? Did you enter without a visa? If you entered as a K1 fiancee, and didn't marry your US citizen petitioner within 90 days, of course you know that you're not eligible for adjustment either. If you entered with any of the visas listed above, or if you didn't enter with a visa, or if the visa you used didn't belong to you, go see an immigration attorney. 2. Did you lie to get your visa? If you said you were married at home to obtain your visitor's visa, and either you weren't actually married, or you've never divorced your foreign spouse, talk to an immigration lawyer. If you made any other misrepresentations to obtain your visa, talk to an immigration lawyer to determine the consequences, which can be serious. 3. Have you ever been arrested anywhere in the world? If so, talk to an immigration attorney. Even if you feel like the arrest was minor, or your record has been expunged, you will still need to be represented, and you will want to make sure that you understand whether you'll need a waiver and what is involved in that process. 4. Have you ever been married to a US citizen before, or has your spouse ever filed for someone else before? If so, there may be questions of marriage fraud that you need to address, so I strongly urge you to talk to an immigration attorney. 5. Have you ever been in, or are you now in, deportation or removal proceedings? Any time you are, or have been, in immigration court, have an attorney with you, please! If there is one place you don't want to be on your own, it's immigration court.
So you answered no to all of these questions, you're in a genuine relationship with your US citizen spouse, and you are ready to get started. What do you need to do? First, gather all of the biographic documents you'll need. This includes your birth certificate, passport, marriage certificate, all divorce decrees (yes, from every marriage, not just your most recent one), and all children's birth certificates. You'll also want to have your passport and I-94 handy. Look at all the documents, and figure out which ones will need to be translated. Anyone who is fluent in both languages, who is not related to either of you, can do the translation--the person just needs to certify their fluency in both languages, and that the translation is true and accurate. Your US citizen spouse will need to provide proof of his or her US citizenship, whether it's a passport, US birth certificate, or naturalization certificate. If you're missing anything, find out where to get it--the embassy of your country is a good place to check for things like birth and marriage records, or, if you're looking for records in the US, your state's department of vital records is usually the place to find birth certificates, while marriage and divorce records are typically kept in the county where the marriage/divorce took place. A lot of courts now have some records online, but you'll need the original for the interview, so go ahead and order that now.
You'll also want to schedule your medical exam, and go to have passport photos taken (2 each of you and your spouse). You can find the civil surgeon locator tool on the uscis.gov website; you'll have to go twice (once for testing, and once to collect the results and have your TB skin test examined), so plan accordingly.
If your spouse will be your sponsor, he or she will want to confirm that his or her individual income meets 125% of the federal poverty guidelines. Be sure to gather your last three years of tax returns; you'll need the numbers to complete the forms.
Once you have all of your documents together, go to USCIS.gov and, under the forms tab, find the following forms:
- I-130
- I-485
- I-765
- I-864EZ*
- G-325
- G-325(a)
Print the forms and the instructions--I think it's helpful to handwrite the draft, and then go back to complete the PDF versions once you have everything in order. READ THE INSTRUCTIONS! They'll tell you things how many passport photos to attach to the forms, how to translate documents, and which copies you need to send with the forms. Don't let this brief guide be a substitute for reading the instructions--first of all, I'm offering general advice, and second of all, if you're doing this yourself, you've already ignored my advice to talk to a lawyer, so you clearly don't think much of my advice!
Be careful to read all the questions to see exactly what they're asking--your answers are sworn testimony as if you were in court, so you want to make sure everything is accurate. Learn the important terminology--A-number, I-94, Petitioner, Beneficiary--and understand what the questions are asking, even if it seems redundant. For instance, a common mistake in completing the I-130 is to leave the petitioning spouse off of the list of the alien's relatives--even though the question asks specifically about the spouse and children of the alien. Also, children means all children, wherever they live in the world. Even if you are not petitioning for them in this petition, you must include them in the list.
If you get to a question and you don't understand what is being asked of you, or you don't understand a term, stop. If nothing else, you can send me an email to christina@cruddenlegal.com, and I'll try to help you get unstuck. If you're really stumped, you may want to consider hiring an immigration attorney to work with you on the case--the small investment you make may be worthwhile in the long run, as it will save you the headache of not knowing whether you're doing everything right.
Once you have the forms complete (and remember, you can complete the forms as pdf files through the USCIS.gov website, so they'll look nice and professional), go back and review all of the information with your spouse. You'll both have separate forms to sign; when I'm working with clients, I like to put everything in two piles, and have each person review his or her documents separately one last time before signing. It's helpful to include a cover letter that lists all the documents that are being sent: forms, biographic documents, taxes, medical exam, photos, and filing fees. This will serve as a sort of checklist for you as well, so that you make sure to include everything. Keep a copy of the packet for your records, including a copy of your check or money order for the filing fees. You won't be sending any originals other than the medical exam and photos, but be sure to keep the originals in a safe place so that you have them at the time of the interview.
Always send anything to USCIS via certified mail through the post office. (This is true even if you're responding to something on a deadline--US Postal Service overnight mail is the way to go). You'll have a record and be able to track your package online.
If at any stage during this process you feel like you've bit off more than you can chew, please do not hesitate to contact me at christina@cruddenlegal.com, or by visiting my website, www.cruddenlegal.com.
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