6 Adjustment of Status Tips You Should Know
Are you filing for adjustment of status and have questions? Check out these 6 adjustment of status tips you should know, then call us today.
1) Working While an Adjustment Application is Pending
After a 60 day period you are usually issued a work permit once an application for adjustment of status is pending.
2) Why Do I Have to File a Work Authorization Form by Marriage?
- It is a good thing to complete because the work authorization document resembles a NJ drivers license and can be used as identification.
- You will be able to apply for a social security number, and gain a driver’s license.
- This also gives the ability to work outside the home if that person change their mind.
One of the most common questions that people ask me is: I want to marry a US citizen girlfriend or boyfriend, can I interview in the US? There are several important things to keep in mind. Number one, you have to possess a lawful entry to the US as demonstrated by your passport. If someone comes across the border, that is not a lawful entry. Number two, your spouse-to-be should be a US citizen, not a Green Card holder, and that will be demonstrated by a birth certificate if they were born here or a naturalization certificate. Number three, you cannot become a public charge, so they would need to demonstrate that they have a job, a bank account, tax returns, and that you wouldn’t be a government dole.
Finally, when you go to the interview you will need to demonstrate the bona fides of your marriage and that it’s a real marriage based on love and not a desire to get a Green Card. Typical documents that you would show are joint bank accounts, joint tax returns; if you have a child in common, you would bring the birth certificate, correspondence addressed to both of you at the same address, driver’s license showing the same address, and finally, a large photo album of your wedding or your general life together.
3) Filing an Adjustment of Status through Marriage of a U.S. Citizen
- You must enter the US lawfully.
- Your spouse-to-be must be a US Citizen, not a Green Card holder.
- You must demonstrated that you have a job and are working.
4) Requirements to File an I-751 Petition
- You must convert your two year Green Card into a permanent 10 year Green Card.
- You must file 90 days prior to your conditional Green Card expiration date.
- You must prove your marriage is legitimate by joint documentation.
5) Abusive Spouse Won’t File the I-751 Form
- Their is a waiver for the I-751 that allows you to bypass the joint signature needed to complete the form. You will need to document the reason for the waiver.
- Once you complete the waiver, you will also need to submit evidence of the abuse by either phones, hospital records, or affidavits. You will also need to prove that the marriage was made in good faith and not just for citizenship.
6) Loss of Green Card Conditions Based on Divorce
- You can file a petition to convert a two year conditional Green Card into a I-751.
- You must prove that you had a bonafide marriage with joint issued documentation after the divorce.
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Are you filing for adjustment of status and have more questions about these 6 adjustment of status tips you should know? Contact our experienced New Jersey Adjustment of Status Lawyer for legal assistance and a consultation.
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Adjustment of Status Considerations
If you are looking to get married and want an adjustment of status, you may be wondering what you should be considering. Here are some adjustment of status considerations.
One of the most common questions that people ask me is: I want to marry a US citizen girlfriend or boyfriend; can I interview in the US? How do I get my Green Card? It’s a great question. There are several important things to keep in mind.
Three Tips of An Adjustment Status
1. Working While an Adjustment Application is Pending
- After a 60 day period you are usually issued a work permit once an application for adjustment of status is pending.
2. Filing a Work Authorization Form Through Adjustment of Status by Marriage
- It is a good thing to complete because the work authorization document resembles a NJ drivers license and can be used as identification.
- You will be able to apply for a social security number, and gain a driver’s license.
- This also gives the ability to work outside the home if that person change their mind.
3. Adjustment of Status through Marriage of a U.S. Citizen
- You must enter the US lawfully.
- Your spouse-to-be must be a US Citizen, not a Green Card holder.
- You must demonstrated that you have a job and are working.
4 Permanent Residency Tips
1. Proving Extreme Hardship During a Waiver Application
Extreme hardship must be established by the US citizen, not the foreign-born spouse.- Financial and physical hardships can be taken into review.
2. Requirements to File for Citizenship
- You must be a Green Card holder for at least 3 years or have married a U.S. citizen.
- You must have lived inside the U.S. for 51% of the time
- You must be a law abiding citizen with no misdemeanor or felonies.
3. Prior Arrests Preventing Citizenship
- A minor violation or misdemeanor arrest will not affect your citizenship application.
- Having a record of sexual assault or a drug crime will have a negative impact on your application.
4. Losing Your Citizenship from Moving Abroad
- As long as you are a US citizen from birth or naturalization, you are free to live in another country without loosing your citizenship.
