The following is a basic step-by-step overview for legally adjusting your status or that of your spouse’s:
1) File I-130 – This is the first step in helping your spouse migrate to the United States. The I-130 establishes your family relation to the petitioner, or person who is attempting to have you emigrate, by submitting evidence to that end. For a petition based on marriage, you must submit your marriage certificate, any birth certificates of children born to the marriage, and letters from people who know about you and your marriage. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.
2) File I-485 – Once the I-130 is approved, you must submit the I-485 to adjust your status to that of a permanent resident of the United States.
3) NVC Stage – This part of the process requires the petitioner to establish enough income to support the applicant or otherwise file an affidavit of support.
4) Interview (if required) – For many applicants, the interview is waived, but if you are called for an interview, you should be prepared to answer questions regarding your application in order to ensure that there are no mistakes. Dress professionally and arrive at least 15 minutes early. It is best that your attorney accompanies you to the interview.
5) Receive green card – If there are no issues regarding your application, then you will receive your green card.
This outline is meant to give you an overview of the process; should you need further help, please contact Albert Garcia for a free consultation.