QUESTION
How could we get an adjustment of status?
Asked on Jun 13th, 2013 on Immigration - California
More details to this question:
My fiance was approved for deferred action earlier this year and now we want to get married. In a case like this, how could we get an adjustment of status? He entered the country and was inspected.
11 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
I am assuming that you are a U.S. citizen. Once you are married, you would file an I-130 and I-485 to get the process started. Your fiance's deferred action will not affect the immigration process. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jun 14th, 2013 at 4:39 AM
If your fiance entered the US lawfully and can prove that lawful entry, you get married and you are a US citizen, you can petition for your spouse's permanent residence on the basis of marriage, regardless of whether or not he was approved for deferred action or not since that's a completely separate and nonrelated matter.
Answered on Jun 14th, 2013 at 4:38 AM
Adebola O. Asekun
After your marriage, and assuming you are a US citizen and will file petition for your spouse, you may concurrently file a Form I-130 petition with the Form I-485 adjustment of status application [green card]. So long as the beneficiary entered the US with a visa (even it it has since expired) he remains eligible to adjust status in the US without having to visa process overseas.The saving grace is that under current law, marriage to a US citizen waives minor immigration law violations such as unlawful presence or working without authorization. Further, his status as a DACA grantee is of no consideration to his eligibility to adjust status. Understanding that there may be other issues at play in the adjustment of status process apart from the facts highlighted above, I suggest that you consult in detail with an experienced immigration attorney to assist you in this process.
Answered on Jun 14th, 2013 at 4:38 AM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
Your fiance's approval for DACA does not change anything in respect to his ability to adjust status. If he was inspected and admitted on his last entry into the U.S., and if you are a U.S. citizen, you can file an immigrant petition for him (after the marriage) and an application for adjustment of status. Assuming that your marriage will be real, not just to give him a green card, and assuming that he does not have any disqualifications (like criminal convictions, bad history of immigration law violations, contagious diseases of public significance, association with terrorists, etc.), he should be able to get a conditional green card based on his marriage to you. If you are not a U.S. citizen, or if your fiance was not admitted to the U.S., or if he has any disqualifications, he cannot adjust status - and having deferred action approval does not change that.
Answered on Jun 14th, 2013 at 4:37 AM
If you want to marry your fiance, you need to do it, obtain a legal marriage certificate, and petition on I-130 form. With this petition, you may submit another forms, one of which is for his adjustment of status. You will have also to submit your affidavit of support. You need to have a certain income to support him, and provide this evidence to the Government.
Answered on Jun 13th, 2013 at 12:18 PM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
Update Your Profile
You have to file a petition and the adjustment of status package together with the USCIS.
Answered on Jun 13th, 2013 at 12:18 PM
You must be a US citizen for your fiance? to apply for adjustment of status as your spouse. If that is the case, he can apply after you got married. The application process takes about 3 to 4 months. You should consult with an immigration attorney about the requirements for an application.
Answered on Jun 13th, 2013 at 10:40 AM
If you have evidence that he was admitted in the U.S., after you obtain your marriage certificate, you may file a petition for alien relative and adjustment of status application with the supporting documents.
Answered on Jun 13th, 2013 at 10:39 AM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
If you are a US citizen and marry him, you can file the I-130 visa petition the same time he files the I-485 adjustment application. There are several other requirements such as the affidavit of support, so read the instructions carefully or hire an immigration attorney.
Answered on Jun 13th, 2013 at 10:38 AM
3 Awards
If you are a U.S. Citizen and you marry him and he is not barred then you can file for his Adjustment of Status.
Answered on Jun 13th, 2013 at 10:38 AM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You can apply for adjustment of status if married to a US citizen as long as your last entry into the US was legal.
Answered on Jun 13th, 2013 at 10:38 AM