Married just last week? So how was it finally having your foreign fiance arrive in the USA? I bet it was a great feeling to finally be together in the same country together. Those long trips were really hard for the both of you. Now you get to see each other everyday and even wake up to each other. How great that must feel.
I think you forgot something. You are married, but that does not mean your new spouse can remain in the USA. Your spouse is a non immigrants and since the arrival date was last month, there is very little time before the ninety day visa expires. Now what will you do?
In the past, just being married was enough to warrant a change in status, but times have changed. We are both come from the same era when getting something done was much easier. Now you have Homeland Security, USCIS and god knows how many other agencies just to remained married in the USA. But all this is necessary to remove the conditional visa and change your spouse over to a Permanent US Immigrant Resident Status.
What? You say you have no idea how to go about getting a change of status? Well, the process is no easier than doing the ninety day fiance visa. The I-485 Permanent US Immigrant Resident Adjustment of Status Process is much more more complex, but still can be done without the help of an attorney with the right kind of coaching. It is not an easy process, but it is unavoidable. Best to start earlier than later.
I hope my words don't scare you, but the adjustment of status process has a higher percentage of denials than the K1 Visa Process. Remember that the K1 Visa Process had a forty percent denial rate. So I think you can tell what that can mean for you and your spouse. Things can go bad if you don't put some time into it.
The percentage of denials are high. Why such a high percentage of denials for the change of status? Well the first reason is people tend to not take this as serious as the K1 Visa. They think they are married and don't have to prove anything to the USCIS. Well, I can tell you that is best way to get your adjustment denied. Secondly, there is confusion on what to submit. A couple will submit the wrong information. Most people will not bring the right information to the interview or fail to submit the required information to the USCIS. The USCIS is short on forgiveness.
You asked, what is the process for a denied? If you are denied you have two options available to you. And these options are not in your control. The first is coming back for a second interview. The USCIS officer will do the inviting, you cannot make your own appointment. The second way is reapplying again.
Reapplying versus deportation does not sound very good, but those are the choices you have if you get denied. Just keep in mind there is an extra cost associated with reapplying. And the effort that goes into it is no piece of cake. It is ideal to get that second interview to clear up any issues. Most of the time a second interview is all that is needed. The second interview is usually easier than the first.
I hear you mentioned something about deportation if a second try is denied? Well, to tell you the truth, it takes a little more than multiple denials to start a deportation process. You should not be worrying about this, since you have not gone through the first interview yet. And secondly you have me on your side to guide you through the jungle of forms and supporting documentation. But if you really want to know, multiple denials mean something is really wrong. When this happens it is time to call in the big guns. Yup, you guessed it. Attorneys and Senators are you only source of aid.
Now for the topic of process. For all intent and purposes you will need the form I-485 and supporting documentation. It takes time to gather all the supporting documentation and forms. Time to complete a full application is about two weeks. Time to hear back from the USCIS one to two weeks. After hearing from the USCIS, you will be called for fingerprinting and then finally the interview will be setup for you.
Good luck with the process and if you need any help you know where to find me. I can lead you down the right path if you get lost along the way. Often times it is just those little things that get you hung up. Take care and again congratulations on your happy day.
I think you forgot something. You are married, but that does not mean your new spouse can remain in the USA. Your spouse is a non immigrants and since the arrival date was last month, there is very little time before the ninety day visa expires. Now what will you do?
In the past, just being married was enough to warrant a change in status, but times have changed. We are both come from the same era when getting something done was much easier. Now you have Homeland Security, USCIS and god knows how many other agencies just to remained married in the USA. But all this is necessary to remove the conditional visa and change your spouse over to a Permanent US Immigrant Resident Status.
What? You say you have no idea how to go about getting a change of status? Well, the process is no easier than doing the ninety day fiance visa. The I-485 Permanent US Immigrant Resident Adjustment of Status Process is much more more complex, but still can be done without the help of an attorney with the right kind of coaching. It is not an easy process, but it is unavoidable. Best to start earlier than later.
I hope my words don't scare you, but the adjustment of status process has a higher percentage of denials than the K1 Visa Process. Remember that the K1 Visa Process had a forty percent denial rate. So I think you can tell what that can mean for you and your spouse. Things can go bad if you don't put some time into it.
The percentage of denials are high. Why such a high percentage of denials for the change of status? Well the first reason is people tend to not take this as serious as the K1 Visa. They think they are married and don't have to prove anything to the USCIS. Well, I can tell you that is best way to get your adjustment denied. Secondly, there is confusion on what to submit. A couple will submit the wrong information. Most people will not bring the right information to the interview or fail to submit the required information to the USCIS. The USCIS is short on forgiveness.
You asked, what is the process for a denied? If you are denied you have two options available to you. And these options are not in your control. The first is coming back for a second interview. The USCIS officer will do the inviting, you cannot make your own appointment. The second way is reapplying again.
Reapplying versus deportation does not sound very good, but those are the choices you have if you get denied. Just keep in mind there is an extra cost associated with reapplying. And the effort that goes into it is no piece of cake. It is ideal to get that second interview to clear up any issues. Most of the time a second interview is all that is needed. The second interview is usually easier than the first.
I hear you mentioned something about deportation if a second try is denied? Well, to tell you the truth, it takes a little more than multiple denials to start a deportation process. You should not be worrying about this, since you have not gone through the first interview yet. And secondly you have me on your side to guide you through the jungle of forms and supporting documentation. But if you really want to know, multiple denials mean something is really wrong. When this happens it is time to call in the big guns. Yup, you guessed it. Attorneys and Senators are you only source of aid.
Now for the topic of process. For all intent and purposes you will need the form I-485 and supporting documentation. It takes time to gather all the supporting documentation and forms. Time to complete a full application is about two weeks. Time to hear back from the USCIS one to two weeks. After hearing from the USCIS, you will be called for fingerprinting and then finally the interview will be setup for you.
Good luck with the process and if you need any help you know where to find me. I can lead you down the right path if you get lost along the way. Often times it is just those little things that get you hung up. Take care and again congratulations on your happy day.
About the Author:
Art Saborio is an authority in both the "K1 I-129 Visa" and "Permanent US Immigrant Resident Adjustment of Status Process" for the new spouse. He has written many exclusive articles on these subjects. His articles and information has helped countless others find joy together here in the USA. Please join us at K1 Visa Experts for more important information. More free articles available at http://www.k1visaexperts.com/blog
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