Can I legally stay in the US after getting married?

Tying the Knot and Staying Put: Understanding Marriage and US Immigration

Dreaming of a life together in the United States with your newly-married spouse? One of the first questions that often arises is a critical one: “Can I legally stay in the US after getting married?” The answer, while not a guaranteed yes, is that marriage to a US citizen or lawful permanent resident opens a significant pathway towards legal residency, specifically through a process called “Adjustment of Status.”

Understanding Adjustment of Status (AOS) is crucial for anyone considering this route. Essentially, AOS allows you to apply for a green card (permanent residency) from within the United States. Instead of having to leave the country to pursue an immigrant visa through a US consulate abroad, you can navigate the application process while remaining in the US with your spouse.

Here’s a breakdown of what you need to know:

The Power of Adjustment of Status:

• Staying in the US: The primary benefit is the ability to remain in the United States while your application is being processed. This allows you to build your life, share experiences, and provide support to your spouse without the stress and separation of having to return to your home country.
• Applying Internally: AOS is an internal process managed by the United States Citizenship and Immigration Services (USCIS). This contrasts with consular processing, which involves dealing with the US embassy or consulate in your home country.
• Potential Work Authorization: A significant advantage of applying for AOS is the possibility of obtaining work authorization (an Employment Authorization Document, or EAD) while your application is pending. This allows you to legally work in the United States and contribute to your household income, alleviating potential financial burdens during the often lengthy application process.

Important Considerations:

While marriage offers a pathway to a green card, it’s not an automatic guarantee. Several factors can impact your eligibility for AOS:

• Legally Valid Marriage: The marriage must be legally valid. This means it must comply with the laws of the state where it was performed and must be entered into in good faith, with the genuine intention of establishing a life together. Fraudulent marriages, entered solely for immigration purposes, are strictly prohibited and can lead to severe consequences.
• Eligibility Requirements: You must meet certain eligibility requirements to qualify for AOS. These can include:
  • Lawful Entry: In most cases, you must have entered the United States lawfully. This usually means entering with a valid visa.
  • No Immigration Violations: You should generally avoid significant immigration violations, such as working illegally or staying beyond the authorized period on your visa, as these can complicate the application process.
  • Admissibility: You must be admissible to the United States, meaning you cannot have certain criminal convictions, health conditions, or other factors that would make you ineligible for a green card.
• Sponsor’s Ability to Support: Your US citizen or lawful permanent resident spouse must be able to financially support you. They will need to demonstrate that they meet certain income requirements or have sufficient assets to ensure you will not become a public charge (dependent on government benefits).

Seeking Professional Guidance:

Navigating the US immigration system can be complex and overwhelming. It’s highly recommended to consult with an experienced immigration attorney. An attorney can:

• Assess Your Eligibility: They can thoroughly evaluate your specific circumstances and determine your eligibility for Adjustment of Status.
• Guide You Through the Process: They can provide expert guidance on the required forms, documentation, and procedures.
• Represent You in Interactions with USCIS: They can act as your advocate in communicating with USCIS and address any potential issues or concerns that may arise.
• Maximize Your Chances of Success: They can help you build a strong and compelling application, increasing your chances of a positive outcome.

Marriage to a US citizen or lawful permanent resident can be a powerful step towards achieving your dream of living and working in the United States. Understanding the Adjustment of Status process, meeting the eligibility requirements, and seeking qualified legal counsel are crucial steps in navigating this complex journey. With careful planning and professional support, you can increase your chances of successfully obtaining your green card and building a fulfilling future with your spouse in the US.

#Greencard #Marriagevisa #Usimmigration