Can I legally stay in the U.S. after getting married?

Can I Legally Stay in the U.S. After Getting Married?

Yes, foreign spouses who marry U.S. citizens or permanent residents are eligible to apply for legal residency in the United States. This is known as the Adjustment of Status (AOS) process.

Eligibility for Adjustment of Status

To be eligible for AOS, the following requirements must be met:

• The applicant is legally married to a U.S. citizen or permanent resident.
• The marriage is bona fide (genuine) and not entered into solely for immigration purposes.
• The applicant entered the United States legally and has maintained lawful status throughout.
• The applicant has not committed any serious crimes or violated immigration laws.

AOS Process

The AOS process involves several steps:

1. Filing the Application: The applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation.
2. Biometrics Appointment: Applicants will be scheduled for an appointment to provide fingerprints and a photograph.
3. Interview: The applicant will be interviewed by an immigration officer to verify their eligibility and address any concerns.
4. Approval: If the application is approved, the applicant will receive a green card, which grants lawful permanent resident status.

Benefits of AOS

AOS offers significant benefits, including:

• Legal Residency: Applicants can legally reside and work in the United States while their immigration status is being processed.
• Path to Citizenship: Permanent residents can eventually apply for U.S. citizenship after five years of lawful residency.
• Access to Public Benefits: Permanent residents are eligible for certain public benefits, such as Social Security and Medicare.

Important Considerations

• The AOS process can be time-consuming and expensive.
• Applicants must maintain their lawful status throughout the process.
• If the marriage ends for any reason, it can impact the applicant’s immigration status.

Conclusion

Through the AOS process, foreign spouses who marry in the United States can legally reside and potentially work within the country while their immigration status is finalized. It is important to consult with an experienced immigration attorney to ensure proper compliance with the requirements and maximize the chances of a successful application.