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Marriage to a U.S. Citizen

There are several marriage based petitions one can apply for their spouse. The most common petition is the Adjustment of Status.

What is an Adjustment of Status?

When your U.S. Citizen Spouse petitions for you only if you came into the country legally. This does not mean there is no hope for those who came in undocumented into the country. There are certain statutes like INA 245(i), that could make those who came into the country undocumented, eligible for adjustment of status. Please consult with an attorney to determine if you are 245(i) eligible.

Applying for an adjustment of status means one can obtain a green card while in the country. They do not have to leave the country for the green card process, unlike the I-601A provisional waiver (See I-601A Provisional Waiver page for more information).