Since USCIS has been waiving many interviews for marriage-based adjustment of status cases that have been very well documented during the past year or so (at least since before 2023), it is likely that greater scrutiny will fall on the Removal Of Conditions process than usual. This is because USCIS usually only waives interviews for the following adjustment of status cases pursuant to Policy Manual, Volume 7 - Adjustment of Status - Part A - Adjustment of Status Policies and Procedures:

DHS estimates that around 500,000 noncitizen spouses of U.S. citizens may qualify for this new process, with an average residency duration of 23 years. Additionally, approximately 50,000 children of these spouses could also benefit from this program.

When selecting a marriage clerk's office, there are logistical issues to consider. For example, some offices do not issue the marriage certificate on the same day as the marriage. Instead, they may send the marriage documents to the state, which then issues a certificate of marriage registration by mail, taking up to 30 days. This delay can impact your ability to file a marriage-based adjustment of status application, as you cannot file without the marriage certificate.

The absence of cohabitation can indeed trigger deeper scrutiny from USCIS, potentially leading to a Stokes interview—a more intensive interrogation process designed to verify the authenticity of the marriage.

Despite efforts to provide accurate estimates, it’s not uncommon for USCIS timelines to shift. These timelines are best understood as estimates rather than guarantees, influenced by factors like increased application volume or complex cases requiring additional review.

Spearheading your spouse's journey to legal residency in the United States can be an intricate process. While it may seem straightforward, even the smallest oversight can derail your efforts. At Khunkhun Law in New York, our team of experienced spouse visa lawyers is here to guide you through every step of the way, ensuring a smooth and successful application process.

Navigating the H-1B visa to marriage-based Adjustment of Status. We guide H-1B’s on how we successfully transition them to Adjustment of Status, Green Card.

Be aware of the USCIS filing fee increase, effective April 1, 2024, and take proactive steps to submit the correct fees. If an applicant files their case with the incorrect fees with their USCIS petitions, it will cause rejection and significant delays in their case.

Understand factors that can cause delays for H-1B’s adjusting status based on marriage to a US Citizen or Green Card holder.

Mistakes to avoid when you are in the US on a B1/B2 visitor visa and applying for adjustment of status based on marriage to a US Citizen or a Green Card holder.

Obtaining a Green Card based on marriage to a U.S. citizen or Green Card holder. Ensure the success of your application by demonstrating the authenticity of your marriage to your US Citizen or Permanent Resident spouse.

The options available to unmarried binational couples depend on the foreign partner's entry and residence history in the U.S. Some may be able to adjust their status within the States, while others need to pursue consular processing or fiancé visa, often involving waivers for overstays or unauthorized entries.

The I-94 overstay and staying beyond this period—filing for Adjustment of Status (From I-485) based on marriage to a US Citizen or Green Card holder.

Should you maintain your H-1B during the marriage-based Adjustment of Status? Learn how to keep safe while applying for Adjustment of Status based on marriage to a US Citizen or Green Card holder.

H-1B professionals do not require Advance Parole to travel abroad while an adjustment application is pending based on marriage to a US CItizen or a Green Card holder. They can re-enter the U.S. with a valid H-1B visa without jeopardizing their status.

Proxy marriages are valid in only a few states in the US but they raise questions. Are proxy marriages legal for immigration purposes before USCIS?

Departing the U.S. before an Advance Parole document is granted will result in the abandonment and automatic denial of the pending I-131 application if you have a marriage-based Adjustment of Status pending unless you have a valid H-1B stamp.

Avoid red flags when you sponsor a second or subsequent spouse or your new spouse was previously sponsored by an ex-spouse whom they have divorced.

How to file an Adjustment of Status I-485 safely when you entered the US with an ESTA Visa Waiver and how to navigate the 90-day rule.

ESTA Visa Waiver holders should be aware of the implications of the 90-day rule for Adjustment of Status I-485 applications. Learn how to apply for Adjustment of Status I-485 within the 90-day period and avoid the presumption of preconceived intent to immigrate, and avoid denial of your Green Card case.