If your dream is to become a Permanent Resident through marriage, whether to a U.S. citizen or a Permanent Resident, it's essential to understand the differences between marriage-based petitions for Adjustment of Status and consular processing. This article will explain the key points so you can make the best decision for your situation.
Adjustment of Status is a viable option if the foreign spouse is already in the United States with a valid visa, such as a student or work visa. It is also important to note that this process is available as long as the sponsoring spouse is a U.S. citizen or permanent resident. One of the main advantages of this process is that it allows the foreign spouse to apply for a change of status to become a permanent resident without leaving the country.
On the other hand, the Consular Process is applicable when the foreign spouse is outside the United States. In this case, the sponsoring spouse must be a U.S. citizen. However, this option requires the foreign spouse to attend an interview at a U.S. consulate in their country of origin or residence to obtain an immigrant visa.
It's important to know that the adjustment of status process can be faster than the consular process, since the foreign spouse is already in the country and only needs to change their status within the United States. In contrast, the consular process can take longer because it involves obtaining an immigrant visa abroad and may be subject to consular processing times and potential delays.
Regardless of the process you choose, both will require strong evidence that the marriage is genuine and was not entered into solely for immigration purposes. This evidence may vary, but generally includes marriage certificates, photographs of the couple together, proof of cohabitation, letters of support from friends and family, and other documents.
Given the complexity of these procedures, it is highly recommended to seek legal advice in both cases. An immigration attorney will guide you through the requirements and help you file a strong petition, thus increasing your chances of success.
If you know someone who might be interested in this information, please tag them in the comments. Sharing this knowledge can make a difference for those who dream of building their future in the United States through marriage.