Last Updated on March 14, 2024 by Anda Malescu
Success! We recently had a marriage based green card approved for spouse of a US citizen with an interview waiver. In this case, the I-485 Adjustment of Status was approved without a Request for Further Evidence (RFE) and without an interview. This means that the marriage based green card was approved without the spouses attending an interview at the USCIS offices. The processing time was relatively short, 5 months from the time of application for both the I-130 and I-485.
To apply for a green card based on marriage to a US citizen, the US citizen spouse must petition for their foreign spouse by filing form I-130 and supporting documents with USCIS in order to establish that the marriage is real (bona fide marriage).
Filing the I-130 petition is only the first step in the marriage based immigration process. At the time of filing and after, it is critical that you establish a valid spousal relationship otherwise USCIS may deny your case.
Further, the foreign spouse must also file for their green card based on the marriage as an Adjustment of Status if they are in the United States at the time of filing, or as an immigrant visa if they are located outside the United States. For those filing for marriage based green card with an Adjustment of Status it is possible to obtain an interview waiver from USCIS and not attend a formal interview with an USCIS officer.
However, keep in mind that while USCIS has discretion to waive the interview, an immigration case thoroughly prepared by an immigration lawyer can increase your chances that USCIS will waive the interview and reduce processing times.
To learn more about marriage based green card, I-130 and working in the United States while your I-130 is pending please visit the marriage-based EAD page here.
Malescu Law can assist
Contact our experienced immigration lawyers in Miami, Florida, USA to schedule an appointment for your immigration case and find out more about the marriage based green card process and EAD from our best immigration lawyers.
Malescu Law P.A. – Business & Immigration Lawyers
