Adjusting Status from Canada to the United States Through Marriage

WHAT IS AN ADJUSTMENT OF STATUS?

An adjustment of status is an immigration process that allows someone to apply for a green card while already in the United States. One main reason that people seek an adjustment of status is because of marriage. If a Canadian and an American are married, for example, then the Canadian spouse can seek a marriage-based green card to legally live and work in the United States. Most often, the Canadian in this example would have entered the United States under some other reason such as tourism or as a student and had did not have an ability to legally stay longer to be with his or her spouse. If you are not a United States citizen or have some other long-term legal status, then the adjustment of status process will allow you to legally stay past whatever visa deadline as your application is processed. This means that you will not have to leave the United States while your marriage-based green card application is considered, and whatever interviews or contact you have with immigration will be with a local United States Citizenship and Immigration Services (USCIS) field office. When you apply for a green card from abroad, you are required to coordinate with the U.S Embassy Office that exists in your home country. If you have questions about the adjustment of status process, then it is important that you speak to an experienced immigration attorney who can best guide you.

WHEN IS A SPOUSE ELIGIBLE FOR A GREEN CARD?

A spouse becomes eligible for a green card once he or she is married to a United States citizen. Once a non-citizen spouse is married to a United States citizen the non-citizen becomes an immediate relative of the citizen and is immediately eligible to apply for a green card. It is important to know that just because you are eligible to apply, does not mean that you will be granted a green card as there are many reasons why a green card can be denied. The process to obtain a green card is not automatic, nor is it guaranteed. A non-citizen spouse will still have to go through a lengthy process to be approved for a green card, which includes submitting several forms, including a “Petition for Alien Relative” form (Form I-130) and an “Application to Register Permanent Residence or Adjust Status” form (Form I-485). Finally, a fiancé of a United States citizen is not eligible to apply for a marriage-based green card; only married spouses can apply.

REQUIREMENTS TO ADJUST STATUS THROUGH MARRIAGE

There are several requirements to adjust your status through a marriage-based green card. The biggest and most basic requirement that you will need to adjust your status is to prove to USCIS that your relationship and marriage are real. Marriage fraud is always investigated when processing an adjustment of status application. USCIS will expect to see affidavits from friends, pictures together in different places, holiday cards, etc. to help establish that your marriage is real and that you should be awarded your green card. You will also have to submit several forms and accompanying documentation to USCIS, including:

• Petition for Alien Relative (Form I-130)
• Application to Adjust Status (Form I-485)
• Affidavits of Support (Form I-864)
• Application for Employment Authorization (Form I-765)
• Medical Examination and Vaccination Record (Form I-693)

You will also be required to submit for biometrics (fingerprints) to place you in the USCIS database and to also conduct a background check to determine your admissibility and eligibility for a green card. If you are approved for a marriage-based green card and you have been married for less than two years, then your green card is a conditional one that will have to be renewed before the end of the two-year period to receive a green card without conditions. 

WHAT IS ADVANCE PAROLE?

Advance parole is a travel permit that allows a non-citizen who is going through an immigration process such as a marriage-based green card to travel outside of the United States. If you leave the country for any reason while your adjustment of status application is being processed, then your application will be terminated unless you have an advance parole document before you leave. USCIS considers adjustment of status applications to be abandoned if the applicant leaves the country without first obtaining an advance parole approval. You will need to file a Form I-131 to seek advance parole. 

ADJUSTMENT OF STATUS VS. K-1 FIANCÉ VISA

If you are not currently married, then you are not yet eligible to apply for an adjustment of status. You may, however, be eligible to apply for a K-1 Fiancé Visa. A K-1 Fiancé Visa allows a non-citizen spouse to enter the United States for the purpose of getting married to a United States citizen spouse within 90 days of arrival. Only a United States citizen can petition for a K-1 Fiancé Visa. Green card holders are not eligible to sponsor their fiancé for a K-1 Fiancé Visa. Once you are legally married, you are then eligible to apply for an adjustment of status. 

HOW YOU ARE HOME CAN HELP YOU ADJUST YOUR STATUS 

You Are Home is a team of immigration attorneys who have the experience and knowledge necessary to help you with every step of any immigration process. Our attorneys draw from this experience to make sure you know what to expect so you can have peace of mind through the complicated and sometimes nonsensical way that immigration operates. Our main goal at You Are Home is to make any immigration process simple and straightforward, including seeking an adjustment of status. As a You Are Home client, you will be teamed up with an experienced immigration attorney who will not only help you prepare the needed forms but more importantly help foresee any potential future problems with your adjustment of status case to make sure you are in the best position for success.

Our immigration attorneys are experienced in: 

• Helping You Are Home clients properly and completely fill out necessary immigration forms; 
• Helping You Are Home clients prepare for their USCIS interviews; 
• Successfully defending You Are Home clients in immigration court if they are facing serious consequences such as detention or deportation. 

If you are looking for help with your application for an adjustment of status, then look no further than the attorneys at You Are Home. We are available to speak to you now.

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys over the phone or videoconference on Zoom during the ongoing pandemic. To set up a consultation with one of our experienced immigration lawyers, you can do so online here. You will be able to have your general questions answered and any of your documents reviewed during this consultation. If you decide to continue to use You Are Home to help you further with your immigration case, then we will credit your consultation fee towards the cost of those services. Get the representation you need, let the experienced attorneys at You Are Home help you earn the legal right to live, work, study, and stay in the United States.