Queens, NY asked in Immigration Law for New York

Q: Is there a time frame to file a adjustment of status after a marriage?

I just got married and because of covid 19 it affects us financially. I'm thinking of filing my adjustment of status on july once we have enough money

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2 Lawyer Answers

A: Good Morning. You can file as soon as you get married provided the marriage is real and not just for immigration benefits. You will have to prove that with supporting documents.

When you say “have enough money” do you mean to pay for the application forms or to pass the public charge test? The form I-130 cost $535 and 1-485 costs $1225

For the public charge rule, the USCIS will look to see whether you will become a public charge in the future. It is a totality of circumstance analysis.

Covid-19 definitely had an impact on many families and I hope you and your wife get financially stable again.

**Please note that this answer here is not legal advice but I will be happy to talk with you about your case. Marriage based greencard is a majority of my practice.

A: No there is not but if the foreign national is out of status and if that fact is somehow brought to the attention of ICE and he is thereafter put in removal proceedings then the AOS paperwork would need to filed through the court.

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