We just received an approval for adjustment of status for a client in Laguna Beach. She entered the United States on a fiance visa in December 2009. The couple married one month later as required under the immigration laws. We filed for adjustment of status a few months after that. Both the husband and the wife are originally from Iran, and they met a few years ago while the husband was visiting a friend in Iran.
The couple was concerned that the age disparity between the two might be problematic, but we included a significant amount of evidence to prove that the marriage was entered in good faith. Additionally, I advised them to honestly explain why age was not a negative factor in their decision to marry. They told me that she acts more mature than her age, and he is still young at heart. The USCIS officer did not even question the age disparity issue.
Because the husband lost his job in 2009, we used a joint sponsor to prove to the government that the wife was not likely to become a public charge. If USCIS determines that an adjustment of status applicant is likely to become a public charge, they can deny the application. The sponsor is always the US citizen spouse in marriage based green card cases; however, if the citizen spouse does not earn enough income to act as sole sponsor, we generally use a joint sponsor, which can be a friend or family member with sufficient income.
If you are married to a US citizen, contact The Nunez Firm to schedule a free and confidential consultation. Managing attorney Jay Nunez will personally meet with you and help you determine if adjustment of status is the right option for you.