Hobberman & Company

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:
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:
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:
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:
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.