Marriage Green Card via AOS
Spouse of U.S. Citizen Approved for Permanent Residence Through Concurrent Adjustment of Status Filing
Case Overview
The beneficiary was lawfully present in the United States in a valid nonimmigrant status at
the time of marriage to a U.S. citizen. Following their marriage, the couple sought to
transition the beneficiary to lawful permanent resident status without requiring consular
processing abroad.
The case was filed through the Adjustment of Status (AOS) process, allowing the beneficiary
to remain in the U.S. while the green card application was adjudicated. A concurrent filing
strategy was used, submitting Form I-130 (Petition for Alien Relative) along with Form I-485
(Application to Register Permanent Residence or Adjust Status), as permitted for immediate
relatives of U.S. citizens.
The couple’s relationship was supported by shared residence, financial integration, and
consistent evidence of an ongoing marital relationship.
Type
Marriage to U.S. Citizen
VISA
Marriage Green Card via Adjustment of Status (AOS)
Beneficiary Status
Lawful Non-immigrant (Maintained Status at Filing)
Core Focus
Bona fide marriage documentation, concurrent filing strategy
Outcome
Approved
The Challenge
Marriage-based AOS cases require careful documentation to establish that the marriage is
bona fide and not entered into for immigration purposes.
The primary challenge in this case involved:
- Demonstrating genuine marital intent through strong, consistent evidence
- Ensuring that the beneficiary was eligible to adjust status under INA §245
- Avoiding inconsistencies that could trigger additional scrutiny or Requests for Evidence (RFEs)
Additionally, USCIS scrutiny in marriage-based cases often focuses on the credibility of the
relationship, requiring a well-organized and clearly presented evidentiary record.
Legal Strategy & Case Positioning
The case was structured around a concurrent filing approach, enabling faster processing
and allowing the beneficiary to apply for employment authorization (EAD) and advance
parole (AP) during the pendency of the case.
The legal strategy focused on:
- Establishing eligibility under immediate relative classification, which is not subject to visa caps
- Presenting a well-documented bona fide marriage, supported by objective and verifiable evidence
- Ensuring all forms and supporting documents were accurately completed and consistent across filings
The petition emphasized continuity in the relationship, shared responsibilities, and integration
of the couple’s personal and financial lives.
Evidence Framework
The application was supported by a comprehensive evidentiary record, including:
- Marriage certificate and documentation of legal validity of the marriage
- Joint financial records such as bank accounts, leases, and utility bills
- Photographic evidence reflecting the couple’s relationship over time
- Affidavits from friends and family attesting to the genuineness of the marriage
- Proof of lawful entry and maintenance of status by the beneficiary
This documentation collectively demonstrated compliance with USCIS requirements for
marriage-based adjustment cases.
Outcome
USCIS approved both the Form I-130 and Form I-485 after reviewing the submitted
documentation and confirming the legitimacy of the marital relationship. The beneficiary was
granted lawful permanent resident status without the need to depart the United States.
The case progressed efficiently, with no significant delays or complications, reflecting strong
initial case preparation and documentation.
Why This Case Matters
This case highlights the importance of accuracy, consistency, and strong documentation in
marriage-based green card applications.
It demonstrates that successful AOS outcomes depend on:
- Clear proof of a bona fide marital relationship
- Proper eligibility under adjustment of status requirements
- Strategic use of concurrent filing to streamline the process
The case reflects the firm’s ability to handle family-based immigration matters with
precision, ensuring compliance with USCIS standards while minimizing delays and risks.