Q: How can permanent residency obtained through a valid marriage?
A: First, the eligible foreign national must apply for an Adjustment of Status, which is the process by which an eligible foreign national is already in the U.S. can apply for permanent residence. If eligible, this can be done without having to return to their home country to obtain a visa through consular processing. Typically, the foreign national must have an immediate family member (e.g., a spouse) who is a U.S. Citizen.
According to the Immigration and Nationality Act, it allows an eligible foreign national already living in the United States with their U.S. Citizen spouse, to obtain permanent resident status without having to return to their home country. The process involves the I-130 Petition for Alien Relative. Further, the I-130 Petition is typically filed at the same time with the I-485 Application to Register Permanent Residence or Adjust Status.
Most immigrants become eligible for permanent residence once an immigrant petition is filed on their behalf by either a qualifying family relative (I-130 Petition). The process of immigrating a foreign spouse through adjustment of status takes approximately 4-6 months depending upon the volume of adjustment of status application being processed by USCIS at the time of filing.
For more information, feel free to contact our office for a consultation.
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