This morning my Canadian client was approved for lawful permanent resident status based on her marriage to her US citizen husband. The couple started dating over three years ago. She often visited the US to spend time with her (then) boyfriend. In December 2009, she visited and they decided they wanted to get married. They moved to California together, and they married in March 2010. I began representing them with the adjustment process after that. We filed the I-485 and I-130 a month later.
The couple is young and the husband’s income was not sufficient for him to act as the sole sponsor; therefore, 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.
Because the couple has been married for less than two years, she will be a conditional permanent resident for the next two years. Between May 23, 2012 and August 23, 2012, she will need to file the I-751 petition to remove conditions, so that she can remain a lawful permanent resident.
For now, the young couple is excited to have this step behind them, and they look forward to living in their new apartment in Westminster, and I overheard rumors of possible puppy adoption.
If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free 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.