When a foreign national and a U.S. citizen marry, the foreign national becomes an immediate relative of the U.S. citizen. He or she may then seek permanent resident status in the United States without being subject to immigration quotas.
The couple may be required to fill out a number of forms and submit them to the U.S. Customs and Immigration Service (USCIS) in order to secure an adjustment of status through marriage. The two main forms every couple must deal with are Form I-130, the Petition for Alien Relative, and the Form I-485, Adjustment of Status.
Form I-130, Petition for Alien Relative, is the form that the U.S. citizen spouse must file on behalf of their foreign national spouse. For the purposes of the form, the citizen spouse is called the “Petitioner” and the foreign national spouse is called the “Beneficiary.” The form establishes the legitimacy of the marriage relationship, so it is crucial to provide sufficient evidence of the relationship. Your attorney can help you gather the best evidence to support the petition.
Form I-485, Adjustment of Status, is the form that the foreign national spouse must file to apply for adjustment of status through marriage. Questions on the form include queries about the individual’s current immigrant or non-immigrant status, any prior immigration or criminal problems, or any other information that may be grounds for denying an adjustment of status.
At Peek & Toland, L.L.P., our experienced Austin immigration attorneys can help you ensure an adjustment of status through marriage goes smoothly and that all your necessary information is filed correctly and on time. For a free and confidential case evaluation, call us today at (512) 359-3362.