Spouse of US Citizen

I-130 Petition and AOS: Adjustment of status for spouse of a US citizen | Wife – Husband


At Rawlins Law Firm, P.C. we help families and individuals obtain visas and legal status in the United States as smoothly as possible. An immediate relative family petition by a U.S. citizen spouse allows visas to be immediately available once the petition is approved. If eligible, spouses can submit their application for Adjustment of Status (AOS) to become a permanent resident at the same time their U.S. citizen spouse submits their petition to make the process faster. The AOS process occurs inside the U.S. and there are several benefits like the opportunity to receive an employment authorization document (EAD) or advance parole travel permission during the AOS process. If spouses are not eligible to AOS inside the country, they may be able to seek Consular Processing in their country of origin. Many spouse in this process will need provisional waivers for unlawful presence or a waiver for other charges of inadmissibility.

During your initial consultation our attorneys will take the time to determine which process is best for you and will explain the immigration laws, regulations, fees and application procedures step by step through the process. Our attorneys will answer all of your questions and as a client you will be informed of all the developments of your case as it progresses


I-751 Removal of Conditions on Green Card

If you were issued your green card through marriage to a U.S. citizen spouse within 2 years of marriage you will receive conditional residency (CR) instead of Legal Permanent Residency (LPR) and will be required to remove the conditions on your green card to become a Permanent Resident (LPR). This requirement is because USCIS is more suspicious of marriage fraud than they find with other types of relative petitions. Because of higher potential fraud issues with these cases, USCIS wants to see evidence that it is a Bona Fide marriage and not just a marriage to get papers. The conditional residency card expires in 2 years unless the alien files an I-751 petition to convert it to a Permanent Residence Card.

If you do not file or file the I-751 too late, USCIS will send you a Notice to Appear (NTA) placing you in removal (deportation) proceedings. If you file too soon, your filing will be rejected and returned. The best time to file is a couple of months prior to the two-year anniversary of you residency. 

If you file your I-751 application late, USCIS has discretion to accept your application but you will want to have a good reason for filing late. You should consult with an experienced immigration attorney to avoid any risks to your legal status. 


To simplify all your immigration needs contact immigration lawyer Pace Rawlins to schedule an in-office, Skype or phone consultation. 

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