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Securing Your Green Card Through Marriage

The United States is a great country of opportunity and freedom. For many, that means the freedom to spend their lives with the person they love. At the Phoenix firm of Coughlon Law Firm, PLLC., we can help make that dream a reality. We represent immigrants from countries across the world seeking green cards through their marriage to U.S. citizens.

Identifying The Approach That Best Addresses Your Circumstances

If you are a foreign national and you are married to a United States citizen, we can help you get your green card in the United States. If you are in the United States and you entered the United States legally, this process is known as Adjustment of Status.

If you are in the United States and you entered the United States without inspection, you may still be eligible to immigrate through your spouse. Depending on your particular circumstances, you might be eligible for Adjustment of Status or you might be eligible to apply for the “Stateside Waiter” (I-601A), and then consular processing. Each situation is unique, and it’s important to speak with an experienced immigration attorney to find the right immigration solution for you.

United States immigration laws are complex, and the process can seem daunting to those who have not gone through it before. We can help simplify matters for you. We can advise you on whether you are eligible for adjustment of status in the United States and make the process as stress-free as possible.

Immigration Through Marriage For Same-Sex Couples

Same-Sex Marriage Immigration in the United States: Navigating the Path to Adjustment of Status
The recognition of same-sex marriage in the United States has paved the way for equal treatment and immigration rights for LGBTQ+ couples. One critical aspect of this progress is the ability for same-sex couples to pursue adjustment of status, granting lawful permanent residency (commonly known as a green card) to the foreign-born spouse.

Equal Treatment for Same-Sex Couples
Since the Supreme Court’s landmark ruling in 2015, same-sex couples have been afforded the same rights and privileges as heterosexual couples when it comes to marriage and immigration. This means that legally married same-sex couples can now pursue adjustment of status through marriage-based visas, just like their heterosexual counterparts.

Eligibility for Adjustment of Status
To apply for adjustment of status, a same-sex couple must meet certain eligibility requirements. Firstly, the marriage must be legally valid, having taken place in a jurisdiction where same-sex marriage is recognized. Additionally, the couple must demonstrate that the marriage is bona fide, meaning it is entered into based on love and commitment rather than solely for immigration purposes.

Documenting the Marriage
When applying for adjustment of status, it is crucial to provide evidence of the bona fide nature of the marriage. This includes documentation such as joint bank accounts, leases or mortgages showing shared residence, joint tax returns, and photographs together as a couple. Affidavits from friends and family attesting to the authenticity of the relationship can also strengthen the application.

Filing the Application
The adjustment of status process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS). Along with the application, supporting documents must be submitted, including marriage certificates, birth certificates, passports, and proof of financial support.

Biometrics Appointment and Interview
After the application is filed, the couple will be scheduled for a biometrics appointment to provide fingerprints and photographs. Subsequently, an interview with a USCIS officer is typically conducted to assess the legitimacy of the marriage. The interview is an opportunity for the couple to present additional evidence of their relationship, answer questions about their marriage, and demonstrate their eligibility for adjustment of status.

Conditional Residence
In some cases, if the marriage is less than two years old at the time of adjustment of status approval, the foreign-born spouse will be granted conditional residence. Conditional residence is valid for two years and requires the couple to jointly petition to remove the conditions within the 90-day period before the expiration date. This step ensures that the marriage remains genuine and continues to be valid.

Path to Permanent Residence
Upon successful completion of the adjustment of status process, the foreign-born spouse will be granted lawful permanent residency. This status affords them the same rights and benefits as any other permanent resident, including the ability to work and travel freely. After three years of being a permanent resident, the foreign-born spouse may be eligible to apply for U.S. citizenship if they meet the requirements.

The ability for same-sex couples to pursue adjustment of status based on their legally recognized marriage is a significant step forward in achieving equality and recognition. The process enables these couples to establish lawful permanent residency and build their lives together in the United States. While the path to adjustment of status may have its challenges, it represents an opportunity for LGBTQ+ couples to fully enjoy the rights and privileges that come with marriage and immigration. As the United States continues to evolve towards inclusivity, it reaffirms its commitment to treating all couples, regardless of sexual orientation, with dignity and respect.

Attorney Robert Coughlon has years of experience helping LGBTQ+ couples with the immigration process, in Phoenix, Scottsdale, Tempe, and throughout Arizona.

Contact Us

Each situation is different. It is critical to talk with a lawyer about your situation before you make major decisions that could affect your immigration status and your marriage.

Complete our online form or call 602-636-0800, to schedule a confidential consultation with an experienced attorney. Our fees are reasonable, and payment plans are available.