Adjustment of Status Through Marriage
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.
This informational blog post was brought to you by Susan Scheer, an experienced Morristown, New Jersey Adjustment of Status Attorney.