Can I Apply for Marriage Green Card if I am Out of Status?
It depends.
If your spouse is a U.S. citizen, you may apply to adjust your current immigration status to that of a Marriage based Green Card within the U.S. even if you ran out of status. INA 245(c)(2) outlines bars to adjustment of status. An applicant is barred from adjustment of status if the applicant is in an unlawful immigration status on the date of filing the adjustment application. Unlawful immigration status means: (1) you entered the United States without inspection and admission or parole; or (2) your lawful immigration status expired or was rescinded, revoked, or otherwise terminated. However, this bar does not apply to the immediate relatives of a U.S. citizen if they entered the U.S. with valid a valid visa.
In other words, if you are the spouse of a U.S. citizen, and your last arrival to the United States was with a valid visa, you can still apply for a marriage green card using the adjustment of status process even if your visa expired, or you are out of status.
For example, Mei entered the U.S. on an F-1 student visa in 2012. She completed her course of study and her OPT expired. She’s in the U.S. with an expired F-1 student visa. She met Ben, a U.S. citizen, and they are planning to get married. Mei can apply for marriage based green card using the adjustment of status process without having to leave the country.
If you are the spouse of a U.S. citizen, and you entered the Untied Stated illegally by crossing the border, then you will need a waiver before you can apply for a marriage green card.
If you are the spouse of a U.S. green card holder (permanent resident) and you don’t have legal immigration status, you will need to apply for the green card outside of the U.S.
Why Hire a Marriage Green Card Attorney
An immigration lawyer at Xu Law Group can help with your green card marriage application, forms, documents, supporting evidence, interview preparation, and receive government agency notices on your behalf, and ensure your green card petition happens smoothly. Immigration law can be confusing. We have successfully handled hundreds of marriage green card cases for our clients. No matter what the challenge is facing each couple, we are ready to represent you throughout this unique journey. Your experience working with us will be nothing short of world-class. From the cutting-edge immigration tech tool we developed to make the process friendly, fast, and accurate, to the personal care you will receive from our legal team, we are here to ensure your success at every step of the way.
About the Attorney:
Toni Xu is an experienced immigration attorney who represents international couples and their loved ones.
The information on this page should not be construed as legal advice.
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To apply for a green card based on marriage, you must have a U.S. citizen or U.S. permanent resident to sponsor your petition. You must also have a lawful entry into the United States.
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There are two components to the marriage green card costs. The Government filing fees, which ranges from $1760 for those filing for adjustment of status in the United States, to $2000 for those filing from abroad. The exact fee will differ depending on your situation.
Then there’s the attorney’s fees, which could range anywhere from $2000 to $6000.
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Congratulations, love birds! Are you ready for the next big chapter of your life? For many U.S. citizens, marrying a foreign partner can seem like a daunting task. In this article, we will dive into the requirements and processes of applying for a green card for your sweetheart.