Adjustment of Status (AOS) is the process for you if your foreign national spouse legally enters into the United States and is currently in the United States.
If your spouse still resides in his/her country, please click here.
Q, What are the requirements for you to apply for a marriage-based permanent residency (Green card)?
A. There are 4 main requirements.
4 Requirements to Apply for a Marriage-Based Permanent Residence (Green Card)
1. The petitioner is a U.S. citizen or a legal permanent resident.
2. The marriage is legal in the United States (both parties are either single or divorced).
3. The petitioner (a U.S. citizen or a legal permanent resident) has enough income to support his/her non-US citizen spouse.
4/ The Married couple reside in the United States (if not, you can proceed with the consular process as below).
USCIS has implemented the inadmissibility on Public Charge Grounds final rule on Febraruary 24, 2020, except in Illinois. The final rule is applied only to applications and petitions postmarked on or after February 24, 2020.
See more details of the Inadmissibility of Public Charge Grounds final rules.
Q, How long does it take to obtain a green card for my foreign national spouse based on our marriage?
A. In San Diego, California, it usually takes approximately 7~9 months to obtain a green card for your foreign national spouse if there is no special circumstances to be considered in your case. Should you have any previous divorce or arrest/ detention, please mention it to the attorney at your initial consultation. Depending on which USCIS field office that handles your case, it could take shorter or longer than 7 months to have your green card application approved.
Q. How much is our filing fees in total?
A. FILING FEES (these fees need to be submitted in checks or money order drawn from U.S. financial institution and payable in U.S. funds; NEW: now you can pay your filing and biometric fees with a credit card): $1760 plus $200~300 for medical exam. All filing fees are due at your initial filing.
Breakdown of the filing fees:
EAD card (I-765): fees waived
Advance Parole(I-131): fees waived
Biometric:$85 only for applicants between 14 and 79 years of age.
Q. What types of payment do you accept?
A. We accept personal checks, money orders, credit cards, and wire transfer.