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Frequently Asked Questions Green Card

Adjustment of Status

How soon after we get married should we apply for Adjustment of Status?

It is critical to marry within the 90 days of entry. Once the 90 days is up, until USCIS receives your Adjustment of Status petition, the new spouse is 'out off status'. It is preferable to submit as soon as possible, NO later than 6 months after becoming out of status.

Can my spouse leave the U.S., before receiving her Green Card (conditional permanent residency)?

It is preferable that she waits until she is granted the Green Card. However if this is not convenient, then she can apply for "advance parole", Form I-131 BEFORE she leaves the U.S. . This allows her to re-enter the U.S. before her Adjustment of Status is approved. If she leaves without the I-131, before her Adjustment of Status is approved, her petition will be considered abandoned.


What are my chances of success?

If a couple meets all eligibility requirements, whose courtship or relationship demonstratively follows cultural norms,
and who submit a well documented, properly prepared petition, are rarely denied.

What is the best way to send my petition package to USCIS?

We recommend using the US post office's Priority Mail, with Delivery Confirmation.

How do I know that USCIS has started to work on my petition?

Usually 1 to 2 several weeks after the USCIS has received your petition they will officially enter it into their queue, assign a case number, mailing you a confirmation notice I-797c that confirms these details. From then on, use this case number when checking the status of your petition online, or on any correspondences with USCIS.

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By Fred Wahl

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