One of my French clients living in Newport Beach was approved for lawful permanent resident status based on her marriage to her husband, a US citizen. The couple started dating four years ago. She often visited the US under the Visa Waiver Program to spend time with him. In October 2011, she visited and he proposed to her. They moved to Newport Beach, California together, and they married in December 2011. I began representing them with the adjustment process in late 2012. We filed the I-485 application for adjustment of status and I-130 visa petition a few months later.
The couple is young and the husband’s income was insufficient to qualify him as the sole sponsor. His father acted as the joint sponsor. Applicants for adjustment of status based on marriage must show that they have sufficient financial support and they are not likely to become a public financial charge. The sponsor, or in this case joint sponsor, must earn at least 125% of the federal poverty guidelines. The husband’s father easily met this requirement, and the USCIS officer did not view my client as likely to become a public charge. The officer reviewed the evidence of good faith marriage and asked many questions about how the couple met, started dating, and decided to get married. Then, he approved the case.
Because the couple has been married for less than two years, she will be a conditional permanent resident for the next two years. During the three month period prior to the expiration of her conditional permanent resident status, the couple will need to file the I-751 petition to remove conditions, so that she can remain a lawful permanent resident. I advised the couple that they will not receive a reminder from USCIS regarding the expiration date of the CPR status.
For now, the young couple is excited to have this step behind them. The wife looks forward to finding a job and they’ve mentioned possibly starting a family in the next year or two. Possibly, they’ll adopt a puppy they said.
If you are considering the adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation and help you determine if adjustment of status is right for you.