Adjustment of Status

You can always apply for the advance parole. If you had applied with the adjustment of status, there was no fee. Yes you can apply, but it isn’t free. We also recommend not leaving the country until you have it. Avoid that nightmare.

"I am married to a US citizen, but I overstayed my visa. Can I still get a green card?" As long as you can show proof that you have legally entered the United States and just overstayed your visa and then married a US citizen, and assuming too that you have met all of the […]

If you filed Form I-131, Application for Travel Document, and Form I-765, Application for Employment Authorization, along with Form I-485, Application to Register Permanent Residence or Adjust Status, you should receive your “combo card” which is both your advance parole, and work permit after some time.

Will I be submitting the same documents for adjustment of status that I did at the K1 interview? A lot of the same documents will be submitted for your adjustment of status. The only difference is that you want to have current documents. For instance: Your income. If you've just gone through the K1 fiance […]

Certainly, a significant number of people are applying after the I-94 date has passed. In fact, perhaps most, simply because typically it’s only a 90 day stay and it takes longer than that to ever get through any immigration process.

We wanted to alert all of our customers to be prepared to receive potential RFEs, or requests for evidence, even when everything in your petition is perfect. We have had numerous reports of customers receiving RFEs for items that were confirmed to have been included in their petitions, but the USCIS is requesting them anyways.

Once your fiancée enters the United States, you have 90 days to marry. And you need to make sure that you do get married before that 90 days expires. On your arrival and departure record, your I-94, will have that listed. You also will have it stamped and listed in your passport. So make sure you check that date.

The short answer to this is “yes”. It happens all the time. It’s extremely common and a lot of people do it, but all the same rules still apply. If you came here on tourist visa with the intent to get married, that’s not technically allowed. You’re not supposed to do that. Now if you came here on tourist visa and while you were here you met somebody, fell in love and got married, that’s allowed.

You may be able to get married, but the USCIS and Department of State are not going to accept that as a legal marriage. In order to legally marry and receive an immigration benefit with USCIS and Department of State, you have to be legally married. And in order to do that, you have to prove that all prior marriages were legally terminated (by death, divorce or annulment).

You should never send original supporting evidence to the USCIS, unless they specifically ask for it. Always send a photocopy. The USCIS won’t return you your original supporting documents back either, so be prepared to never see them again if you send those in.