Virginia Adjustment of Status Marriage: Your US Citizen Green Card Guide | Law Offices Of SRIS, P.C.
As of December 2025, the following information applies. In Virginia, adjustment of status through marriage involves a multi-step process for a foreign spouse to become a lawful permanent resident without leaving the U.S. This typically means filing Form I-130 and Form I-485 concurrently. The Law Offices Of SRIS, P.C. provides dedicated legal representation for these important immigration matters.
Confirmed by Law Offices Of SRIS, P.C.
What is Adjustment of Status Through Marriage in Virginia?
Okay, let’s talk real. If you’re a U.S. citizen married to someone who isn’t, and your spouse is already here in the United States, you’ve probably heard about something called “adjustment of status.” Think of it like this: instead of your spouse having to go back to their home country for an interview at a U.S. embassy (a process called consular processing), they can apply for their green card right here in Virginia. It’s a way for eligible non-citizens already in the U.S. to become lawful permanent residents based on their marriage to a U.S. citizen. This process lets them change their immigration status from, say, a tourist or student, to a green card holder, all without leaving the country. It’s a huge relief for many couples because it keeps families together during what can be a really stressful time.
The core idea is to show U.S. Citizenship and Immigration Services (USCIS) that your marriage is legitimate and that your marriage is genuine. This isn’t just about filing forms; it’s about proving you have a real, shared life together. We’re talking about joint bank accounts, shared leases, photos, and showing you’ve truly built a life as a couple. It saves a lot of travel and uncertainty, but it comes with its own set of detailed requirements that you absolutely have to get right.
Takeaway Summary: Adjustment of status allows a U.S. citizen’s foreign spouse, already in the U.S., to apply for a green card without leaving the country. (Confirmed by Law Offices Of SRIS, P.C.)
How to Adjust Status Through Marriage as a US Citizen in Virginia?
So, you’ve decided that adjustment of status is the path for you and your spouse. Great! But let’s be blunt: it’s not a simple stroll in the park. This is a multi-step journey with specific forms, documents, and interviews that demand precision. Missing even a tiny detail can set you back months, or worse, lead to a denial. Here’s a breakdown of the typical steps involved when pursuing a marriage-based green card in Virginia:
Step 1: File Form I-130, Petition for Alien Relative
As the U.S. citizen spouse, you kick off the process by filing Form I-130 with USCIS. This form establishes the relationship between you and your spouse. You’ll need to include evidence that proves you are, in fact, married and that your marriage is genuine. Think marriage certificates, photos together, joint leases, utility bills in both names, and affidavits from people who know your relationship is real. It’s all about convincing USCIS that this isn’t just a marriage for immigration purposes. The more compelling evidence you provide upfront, the smoother the ride generally is. This initial filing sets the foundation for everything else that follows.
Step 2: File Form I-485, Application to Register Permanent Residence or Adjust Status
If your spouse entered the U.S. legally (with a visa or parole), they can usually file Form I-485 concurrently with your I-130, or shortly after. This is your spouse’s actual application for the green card. Along with the I-485, they’ll need to submit several supporting documents. This includes things like their birth certificate, passport pages, visa copies, Form I-94 (Arrival/Departure Record), and two passport-style photos. You’ll also need to submit Form I-864, Affidavit of Support, where you, the U.S. citizen, promise to financially support your spouse. This form is a big deal; it ensures your spouse won’t become a “public charge.”
Step 3: File Supporting Forms (I-765, I-131, I-693)
There are a few other forms that often go hand-in-hand with the I-485:
- Form I-765, Application for Employment Authorization: This lets your spouse apply for a work permit while their green card application is pending. It can take several months to get, but it’s vital for income and independence.
- Form I-131, Application for Travel Document: Known as “Advance Parole,” this allows your spouse to travel outside the U.S. and return legally while their application is pending. Traveling without this document can lead to abandonment of the green card application, so don’t even think about it unless you have it.
- Form I-693, Report of Medical Examination and Vaccination Record: Your spouse must undergo a medical exam by an authorized civil surgeon. This report, sealed by the doctor, confirms they meet health-related admissibility standards.
These forms are typically filed together with the I-485 to avoid delays and provide benefits while waiting for the final decision.
Step 4: Biometrics Appointment
After filing, USCIS will send a notice for a biometrics appointment. This isn’t an interview; it’s where your spouse will have their fingerprints, photo, and signature taken. These are used for background checks and identity verification. Don’t stress too much about this step, but make sure to attend on time and bring the appointment notice along with valid identification.
Step 5: The Interview
This is often the most nerve-wracking part for couples. Both you, the U.S. citizen petitioner, and your foreign spouse will attend an interview with a USCIS officer. The officer’s main goal is to confirm the bona fides of your marriage – that it’s real, not just for a green card. They’ll ask questions about your relationship, how you met, daily life, and future plans. Be honest, consistent, and bring ALL original documents you submitted, plus any new evidence of your shared life since filing. Sometimes, separate interviews happen if an officer has doubts, but generally, it’s a joint meeting. This is where having a seasoned immigration lawyer by your side can make a real difference, preparing you for what to expect and what to say.
Step 6: Decision and Green Card Issuance
If the interview goes well and USCIS is satisfied with your application and evidence, your spouse’s adjustment of status will be approved! If your marriage is less than two years old at the time of approval, your spouse will receive a conditional green card, valid for two years. Before that two-year period is up, you’ll need to file Form I-751, Petition to Remove Conditions on Residence, to get the 10-year permanent green card. If your marriage is already over two years old at the time of approval, your spouse will receive the 10-year permanent green card directly. Either way, congratulations – you’ve made it!
Each step in this process carries its own weight and potential pitfalls. Getting seasoned legal help from the start can certainly ease the burden and boost your chances for a favorable outcome. It’s about knowing the rules and presenting your case in the most compelling way possible.
Can I Be Denied Adjustment of Status Even After a Valid Marriage in Virginia?
This is a fear many couples have, and for good reason: yes, you absolutely can be denied. Just because you’re genuinely married to a U.S. citizen doesn’t automatically guarantee a green card. USCIS looks at more than just the marriage certificate. They’re looking for bona fide marriages, yes, but also for any issues that might make your foreign spouse “inadmissible” to the U.S. There are several grounds for inadmissibility, and some of them can be pretty tough to overcome.
Blunt Truth: Some people think if they just marry a U.S. citizen, the green card is a done deal. That’s a dangerous misconception. Your immigration history, criminal record (even minor offenses), past immigration violations, certain health issues, or even a history of misrepresenting facts to immigration officials can all lead to a denial. For instance, if your spouse entered the U.S. without inspection (crossed the border illegally), adjustment of status generally isn’t an option, and they might need to pursue consular processing with a waiver, which is a whole other ball game. Or, if there’s any suspicion that the marriage isn’t real, if it’s primarily for immigration benefits, that’s a direct path to denial and serious penalties.
Another common concern is the Affidavit of Support. If the U.S. citizen petitioner’s income doesn’t meet the poverty guidelines, or if they don’t have enough assets, the application could be denied because the foreign spouse might be deemed a potential “public charge.” In such cases, a joint sponsor might be needed. Then there’s the interview itself – inconsistencies in your answers or a lack of credible evidence about your shared life can raise red flags. It’s essential to be prepared, honest, and have all your ducks in a row. These aren’t just bureaucratic hurdles; they’re legal requirements designed to protect the integrity of the immigration system. An experienced Virginia AOS lawyer can help identify potential issues early and work to mitigate them, or prepare waivers if they are available and applicable to your situation, giving you the best chance for approval.
Why Hire Law Offices Of SRIS, P.C. for Your Virginia Marriage Green Card?
Getting a marriage-based green card in Virginia is a huge step, and it can feel overwhelming. You’re not just dealing with paperwork; you’re dealing with your future, your family, and sometimes, intense anxiety. This is where having the right legal team makes all the difference. At Law Offices Of SRIS, P.C., we approach your case with both a deep understanding of immigration law and a genuine empathy for what you’re going through.
Mr. Sris brings a wealth of experience and a client-focused approach to every case. He shares this perspective:
“My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face.”
While that insight might seem focused on criminal and family law, the sentiment — personally taking on challenging matters — rings true for the often intricate and personally significant realm of immigration. We manage the intricate details, helping you prepare compelling evidence and preparing you for the interview process. Our goal is to make a tough process understandable and give you confidence every step of the way. We’re here to represent you, ensuring your application is complete, accurate, and presented effectively to USCIS.
Law Offices Of SRIS, P.C. has locations in Virginia, including our Fairfax location at:
4008 Williamsburg Court,Fairfax,VA,22032,US
You can reach us directly at: +1-703-636-5417
When your family’s future is on the line, you need a team that’s knowledgeable, dedicated, and genuinely cares. We understand the stakes. Let us help you guide you through this journey with clarity and peace of mind. Call now for a confidential case review.
Virginia Adjustment of Status Marriage Green Card FAQ
- What is the current processing time for adjustment of status in Virginia?
- Processing times vary greatly based on the USCIS service center and current caseloads. It can range from 10 months to over 2 years from filing to approval. Check the USCIS website for the most up-to-date estimates, as they frequently change. Patience is essential.
- Can I travel outside the U.S. while my adjustment of status application is pending?
- Only if you have an approved Advance Parole document (Form I-131). Leaving the U.S. without it generally abandons your adjustment of status application. It’s a vital step; don’t travel without proper authorization.
- What if my marriage is less than two years old when approved?
- You’ll receive a conditional green card valid for two years. Before it expires, you and your spouse must file Form I-751 to remove the conditions and receive a 10-year permanent green card. This proves your marriage is still ongoing.
- Do I need an attorney for adjustment of status?
- While not legally required, having an experienced attorney can significantly increase your chances of success. They help avoid errors, prepare you for interviews, and address challenging issues that might arise. It provides peace of mind.
- What evidence proves a “bona fide” marriage?
- Evidence includes joint bank accounts, shared leases/mortgages, utility bills, insurance policies, tax returns, birth certificates of shared children, photos, and affidavits from friends and family. The more proof of commingled life, the better.
- Can I adjust status if I overstayed my visa?
- Generally, if you are an immediate relative of a U.S. citizen (spouse, parent, unmarried child under 21), overstaying a visa doesn’t automatically bar you from adjusting status. However, entering without inspection is usually a different story. Seek legal advice.
- What is the Affidavit of Support (Form I-864)?
- This is a contract where the U.S. citizen petitioner agrees to financially support their spouse. It proves the foreign spouse won’t become a “public charge.” If the petitioner’s income is insufficient, a joint sponsor might be necessary.
- What happens at the USCIS interview for adjustment of status?
- Both spouses attend, answering questions about their relationship to confirm its authenticity. The officer reviews all submitted documents. Be honest, consistent, and bring original documents. Preparation is key for this step.
- Can I get a work permit while waiting for my green card?
- Yes, you can apply for an Employment Authorization Document (EAD) by filing Form I-765 concurrently with your I-485. Once approved, you can legally work in the U.S. while your green card application is pending.
- What if my spouse has a criminal record?
- Certain criminal convictions can make a foreign spouse inadmissible. It’s vital to disclose all criminal history to your attorney immediately. Depending on the offense, waivers might be available, but this is an intricate area requiring legal guidance.
The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.
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