Permanent Residence for Foreign Spouses

If you're considering marrying your foreign national spouse who is currently in the US, you may wonder about the steps to help them obtain lawful residence. Here's an overview of the process for someone who entered the US with a visa and married a US citizen.

Firstly, it's essential to review how your spouse entered the US. If they were admitted by a border patrol officer, it's considered lawful entry, which allows them to file for adjustment of status in the US. With lawful entry established, we can proceed to understand the application process with USCIS.

As the US citizen spouse, you'll initiate the process. This form includes personal questions about you and must be filled out completely. Additionally, you'll need to provide an affidavit of support, demonstrating your financial ability to support your foreign spouse, with a minimum amount depending on household size.

The remaining applications pertain to the foreign spouse with their personal information, ensuring accuracy and truthfulness. The employment authorization form asks similar questions but is less detailed. It also provides the option to request a social security number concurrently. The advance parole application is a travel document for those awaiting adjustment of status, allowing travel outside the US for emergency purposes. It's crucial to obtain advance parole approval before traveling to avoid USCIS considering the case abandoned.

Once all applications are submitted and reviewed by USCIS, an interview will be scheduled for the couple. Both partners will usually attend, and during the interview, the officer will assess the applicants and relationship. The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice. The content is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel specific to their individual circumstances. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our blog or by anyone who may be informed of any of its contents.